Criminal Law in Kern County
Kern County, California, is a vast and diverse region stretching from the southern San Joaquin Valley to the Mojave Desert, home to a mix of agricultural communities, oil industry workers, and the growing city of Bakersfield. The county's size and economic diversity mean that criminal matters range from rural drug offenses and DUI cases to more serious violent crimes in urban areas. Facing a criminal charge in Kern County can have life-altering consequences, including jail time, fines, and a permanent record that affects employment and housing. An experienced criminal law attorney can make a critical difference in navigating the local justice system and achieving the best possible outcome.
Courts Handling Criminal Law Cases in Kern County
Criminal cases in Kern County are handled primarily through the Kern County Superior Court, which operates several divisions including the Bakersfield Courthouse, the Mojave Branch, the Ridgecrest Branch, and the Delano Branch to serve the county's widespread population. Felony matters, serious misdemeanors, and jury trials are typically heard at the main Bakersfield Courthouse located on Truxtun Avenue, while smaller branch courts handle local misdemeanor and infraction matters. Federal criminal charges involving Kern County residents may be heard in the United States District Court for the Eastern District of California, with cases often proceeding through the Fresno division.
Common Criminal Law Situations in Kern County
Kern County sees a high volume of DUI arrests, particularly along major corridors such as Highway 99 and Interstate 5, making drunk and drugged driving offenses among the most common reasons residents seek criminal defense attorneys. Drug-related offenses, including possession, transportation, and sales of controlled substances, are also prevalent given the county's position as a transit corridor between Southern California and the Central Valley. Domestic violence charges, assault, theft, and weapons offenses round out the most frequently prosecuted crimes in Kern County courts.
Penalties and Outcomes in California
Under California law, criminal penalties vary significantly depending on whether the offense is charged as an infraction, misdemeanor, or felony, with misdemeanors carrying up to one year in county jail and felonies potentially resulting in years in state prison. California's Three Strikes Law, which applies in Kern County courts, can dramatically increase sentences for defendants with prior serious or violent felony convictions, sometimes resulting in mandatory sentences of 25 years to life. Additional consequences of a criminal conviction in California can include substantial fines, probation, mandatory treatment programs, loss of professional licenses, immigration consequences, and restrictions on firearm ownership.
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Why Go To Court for Criminal Law in Kern County
Go To Court Lawyers connects Kern County residents with criminal defense attorneys who understand local court procedures, local prosecutorial practices, and the specific challenges faced in communities throughout the region. With 24/7 access to legal information and a lawyer network spanning all of Kern County, Go To Court is committed to helping individuals find qualified representation when they need it most.
Frequently Asked Questions
What should I do if I am arrested in Kern County?
If you are arrested in Kern County, you should immediately exercise your right to remain silent and clearly request an attorney before answering any questions from law enforcement. Under the Fifth and Sixth Amendments, as upheld under California law, you are not required to speak with police beyond providing basic identifying information. Contact a criminal defense attorney as soon as possible, as early legal representation can help protect your rights during interrogation, arraignment, and bail hearings.
What is the difference between a misdemeanor and a felony in California?
In California, a misdemeanor is a less serious criminal offense that carries a maximum penalty of up to one year in county jail, while a felony is a more serious crime that can result in a state prison sentence of more than one year. Some offenses in California are classified as wobblers, meaning prosecutors have discretion to charge them as either a misdemeanor or a felony depending on the circumstances of the case and the defendant's criminal history. The distinction matters greatly because felony convictions carry heavier long-term consequences, including loss of voting rights while incarcerated, restrictions on firearm ownership, and greater difficulty obtaining employment or housing.
Can a criminal record be expunged in California?
California law allows many individuals who have completed probation or their sentence to petition for an expungement under Penal Code Section 1203.4, which results in the conviction being dismissed and the guilty plea or verdict withdrawn. An expungement does not completely erase the record but does allow individuals to legally state on most private employment applications that they have not been convicted of the offense. However, expungement does not relieve individuals of certain obligations such as sex offender registration, and the record may still be visible to law enforcement and used in future sentencing proceedings.
How does California handle DUI charges in Kern County?
A first-offense DUI in California, including those prosecuted in Kern County Superior Court, is typically charged as a misdemeanor under Vehicle Code Section 23152 and can result in penalties including fines, license suspension, mandatory DUI education programs, and up to six months in county jail. The California Department of Motor Vehicles conducts a separate administrative process regarding your driving privileges, and you must request a DMV hearing within 10 days of your arrest to contest the automatic suspension of your license. Repeat offenses or DUIs involving injury or death carry significantly enhanced penalties, and a skilled DUI defense attorney can evaluate the evidence, challenge field sobriety or breathalyzer results, and work toward reduced charges or alternative sentencing.
What are my rights at a bail hearing in Kern County?
After an arrest in Kern County, you have the right to a bail hearing where a judge will determine whether you should be released before trial and under what conditions, taking into account factors such as the severity of the charges, your criminal history, and your ties to the community. California's bail schedule provides baseline amounts for various offenses, but judges have discretion to raise or lower bail or to release a defendant on their own recognizance without requiring a cash deposit. An attorney representing you at a bail hearing can argue for reduced bail or release conditions, which can make a significant difference in your ability to prepare your defense while outside of custody.