1. Law Offices of Kerry L. Armstrong, APLC
Practice Focus: Criminal defense with emphasis on sex crimes, violent crimes, homicide, drug offenses, white collar crimes, DUI
Case Types Handled: Felonies, misdemeanors, murder and homicide, sex crimes (including sexual assault, child molestation allegations), drug offenses, DUI/DWI, assault and violent crimes, domestic violence, theft crimes, white collar crimes, federal crimes
Legal Services: Trial defense, jury trials, motion practice, suppression hearings, preliminary hearings, plea negotiations, sentencing advocacy, record expungement
Background: Kerry L. Armstrong is a Certified Criminal Law Specialist by the State Bar of California Board of Legal Specialization since 2020, one of fewer than 350 attorneys in California to earn this distinction. Trial Attorney of the Year by the San Diego Criminal Defense Bar Association (2012). Attorney of the Year by The Recorder legal magazine (2012). Top 50 San Diego Super Lawyers for 2025, the only criminal defense attorney in San Diego County to make the top 50. Best Lawyers and Best Law Firms recognition for 2024. The firm’s attorneys have collectively tried nearly 100 jury trials, including seven murder trials (securing not guilty verdicts and reduced charges in multiple cases) and numerous not guilty verdicts across all categories of criminal offenses.
Location: 2220 Otay Lakes Rd, Suite 602, Chula Vista, CA 91915
Contact: (619) 514-0267 | https://sddefenseattorneys.com
Consultation: Free consultation available
2. jD Law Criminal Defense Attorneys
Practice Focus: Criminal defense throughout San Diego County with focus on DUI, domestic violence, sex crimes, drug offenses, theft crimes, violent crimes
Case Types Handled: Felonies, misdemeanors, DUI/DWI, domestic violence, sex crimes, drug offenses, assault, theft, weapons charges, juvenile offenses
Legal Services: Trial defense, jury trials, motion practice, suppression hearings, preliminary hearings, plea negotiations, probation violation defense, DMV hearings for DUI cases, record expungement
Background: James N. Dicks is a Board Certified Criminal Law Specialist by the State Bar of California Board of Legal Specialization. Over 30 years of legal experience since 1990, having represented hundreds of clients. Former public defender with additional experience as a police detective and narcotics investigator, providing unique insight into law enforcement investigation procedures. Avvo Rating of 10.0 Superb for Criminal Defense. Member of the National College for DUI Defense and California DUI Lawyers Association.
Location: 2888 Loker Ave E, Suite 308, Carlsbad, CA 92010
Contact: (760) 630-2000 | https://jdlaw.law
Consultation: Free consultation available
3. Law Offices of Michael Berg
Practice Focus: Criminal defense and DUI defense in state and federal courts throughout San Diego
Case Types Handled: Felonies, misdemeanors, murder and homicide, federal crimes, DUI/DWI, drug offenses, sex crimes, assault, domestic violence, theft, white collar crimes
Legal Services: Trial defense, federal criminal defense, jury trials, motion practice, suppression hearings, preliminary hearings, plea negotiations, record expungement, arrest record clearing
Background: Michael Berg is a Certified Specialist in Criminal Law by the State Bar of California Board of Legal Specialization. Over 35 years of experience handling criminal cases. Has handled over 38 murder cases, some of which garnered international attention. California State Bar member in good standing. Experienced in both state and federal court proceedings throughout San Diego County.
Location: 2550 Fifth Avenue, Suite 515, San Diego, CA 92103
Contact: (619) 239-2186 | https://sandiego.criminallaw.com
Consultation: Consultation available
4. Sevens Legal Criminal Lawyers
Practice Focus: Criminal defense with focus on DUI, drug crimes, domestic violence, sex crimes, theft, violent crimes, homicide
Case Types Handled: Felonies, misdemeanors, murder and homicide, DUI/DWI, drug offenses, domestic violence, sex crimes, child pornography charges, assault, theft crimes, weapons charges, white collar crimes
Legal Services: Trial defense, jury trials, motion practice, suppression hearings, preliminary hearings, plea negotiations, DMV hearings, probation violation defense, record expungement
Background: The firm has been named San Diego’s Criminal Defense Firm and DUI Firm by local publications. Samantha Greene is a founding partner and State Bar-Certified Criminal Law Specialist, former Deputy District Attorney with prosecutorial experience. Dan Greene is Managing Partner, honored as Trial Lawyer of the Year. Kerry Steigerwalt is Firm Director with an AV rating from Martindale-Hubbell for over a decade (distinction held by only 15% of attorneys). The firm has over 150 years of combined criminal defense experience, bilingual attorneys on staff, and hundreds of 5-star reviews.
Location: 3555 Fourth Ave, San Diego, CA 92103
Contact: (619) 430-2355 | https://www.sevenslegal.com
Consultation: Free consultation available
5. Law Offices of Brian J. White
Practice Focus: Criminal defense throughout San Diego County
Case Types Handled: Felonies, misdemeanors, DUI/DWI, drug offenses, domestic violence, sex crimes, assault, theft crimes, weapons charges, fraud
Legal Services: Trial defense, jury trials, motion practice, suppression hearings, preliminary hearings, plea negotiations, DMV hearings, probation violation defense, record expungement
Background: Brian J. White has been a Certified Criminal Law Specialist by the State Bar of California since 2002. Over 30 years of experience with the firm established in 1992. Super Lawyers recognition (limited to the top 5% of lawyers in the state). Supported by Tonya, a Certified Paralegal and Notary Public. Devon has been with the firm since its inception in 1992, contributing to trial strategy formulation.
Location: 401 Mile of Cars Way, Suite 320, National City, CA 91950
Contact: (619) 280-8022 | https://www.sandiegocriminalattorney.com
Consultation: Case review available
Criminal Defense Regulations in California
California criminal defense practice is governed by the California Supreme Court, the State Bar of California, and various rules of court.
Bar Admission Requirements: Attorneys must pass the California Bar Examination, which is administered over two days and includes the Multistate Bar Examination (MBE), California essay questions, and the Performance Test. Applicants must complete legal education at an ABA-approved or California-accredited law school (or through the Law Office Study Program), pass the Multistate Professional Responsibility Examination (MPRE) with a scaled score of 86 or higher, and satisfy character and fitness requirements. The State Bar conducts thorough background investigations including criminal history review.
Public Defender System: California counties operate public defender offices for indigent defendants under the Sixth Amendment right to counsel. San Diego County has a Public Defender’s Office providing representation to those who cannot afford private counsel. Eligibility is determined based on income and financial resources relative to federal poverty guidelines. The California State Public Defender handles capital appeals.
Specialty Certifications: The State Bar of California Board of Legal Specialization offers certification as a Criminal Law Specialist. To earn this designation, attorneys must pass a written examination demonstrating exceptional knowledge in criminal law, demonstrate a high level of experience (including jury trials to verdict), complete continuing education requirements, and receive favorable evaluations from attorneys and judges familiar with their work. Fewer than 350 attorneys in California hold this certification.
Attorney Advertising Rules: California Rules of Professional Conduct govern attorney advertising. Attorneys may advertise services but cannot make false, misleading, or deceptive statements. Communications must include the name of at least one lawyer or the law firm responsible for the content. Certain disclaimers are required when featuring testimonials or case results.
Attorney-Client Privilege: California Evidence Code Sections 950-962 establish comprehensive attorney-client privilege protections. Confidential communications between lawyer and client made in the course of the relationship are protected from disclosure. The privilege belongs to the client and survives the termination of the attorney-client relationship.
Continuing Legal Education: California requires attorneys to complete 25 hours of Minimum Continuing Legal Education (MCLE) credits every three-year compliance period, including 4 hours of ethics and 1 hour of competence issues (covering mental health, substance use, or related topics). First-time compliance groups may have different requirements.
Arraignment and Speedy Trial: In California, felony defendants must be brought before a magistrate within 48 hours of arrest (excluding weekends and holidays). California Penal Code Section 1382 establishes speedy trial requirements: 60 days from arraignment for felonies and 30 days for misdemeanors (with defendant in custody) or 45 days (with defendant released). These periods may be waived by the defendant for case preparation purposes.
Bail and Pretrial Release: California Penal Code Sections 1268-1320 govern bail. Each county establishes a bail schedule with recommended amounts by offense. Judges may deviate based on factors including public safety and flight risk. Own recognizance release is available for qualifying defendants. Senate Bill 10 (2018) attempted to eliminate cash bail but was rejected by voters in 2020, and the cash bail system remains in effect. Capital cases may result in denial of bail.
Felony Classification System: California does not use a numbered class system for felonies. Instead, felonies are categorized as “straight” felonies (felony only) or “wobblers” (may be charged as felony or misdemeanor at prosecutor’s discretion). Penalties are specified in individual Penal Code sections. Felony sentences are served in state prison (for serious or violent felonies) or county jail under realignment (for non-violent, non-serious, non-sex offenses). Determinate sentences have fixed terms, while some serious offenses carry indeterminate (life) sentences.
Death Penalty: California is technically a death penalty state, though Governor Gavin Newsom issued an executive moratorium on executions in 2019, and no executions have been carried out since 2006. Capital punishment remains authorized by law for first-degree murder with special circumstances.
Expungement and Record Sealing: California Penal Code Section 1203.4 allows eligible individuals to petition for dismissal of conviction after completing probation. If granted, the guilty plea is set aside, and a not guilty plea is entered, with the case dismissed. This relief is commonly called “expungement” though the record is not destroyed. Record sealing (Penal Code Section 851.91-851.92) is available for arrests that did not result in conviction. Proposition 47 (2014) allows reclassification of certain felonies to misdemeanors and resentencing. Proposition 64 (2016) provides for expungement of marijuana convictions that are no longer crimes. Certificates of rehabilitation may be obtained for more serious offenses.
Mandatory Minimum Sentencing: California imposes mandatory minimum sentences for various offenses, including use of a firearm during commission of a felony (10-20-life law under Penal Code Section 12022.53) and certain sex offenses.
Three Strikes Law: California’s Three Strikes law (Penal Code Sections 667 and 1170.12) provides enhanced sentences for repeat serious or violent felony offenders. A second strike doubles the sentence. A third strike carries a sentence of 25 years to life. Proposition 36 (2012) modified the law to require that the third strike be a serious or violent felony (with exceptions) rather than any felony.
Frequently Asked Questions
What happens at an arraignment in San Diego Superior Court?
At arraignment in San Diego Superior Court, the defendant is formally advised of the charges, informed of constitutional rights (including the right to counsel), and asked to enter a plea. Defendants typically enter a plea of not guilty to preserve all defense options. The court addresses bail or release conditions and sets dates for future proceedings. For felonies, a preliminary hearing date is set (within 10 court days if in custody, 60 days if released). For misdemeanors, a pretrial conference and trial date are established. If the defendant cannot afford an attorney, the Public Defender’s Office is appointed. San Diego Superior Court felony arraignments occur at the Central Courthouse (1100 Union Street) or regional courthouses depending on where the offense occurred.
How does bail work in San Diego County, and what are typical bond amounts?
San Diego County uses a uniform bail schedule established by the Superior Court that sets bail amounts by offense type. Defendants may post bail in cash, through a licensed bail bond company (typically 10% of the total as a non-refundable fee), or through property bonds. Judges may deviate from the schedule based on factors including criminal history, ties to the community, flight risk, and danger to the public. Typical bail amounts in San Diego include: misdemeanor DUI around $2,500, domestic violence misdemeanor around $50,000, felony drug possession around $20,000-$30,000, burglary around $50,000-$100,000, and violent felonies ranging from $100,000 to over $1,000,000. Own recognizance (OR) release may be granted through the Pretrial Services program for qualifying defendants. The San Diego County Sheriff’s Department operates the county jail system and provides inmate information.
What are the penalties for a first-time DUI in San Diego?
A first-time DUI in California (BAC of 0.08% or higher) is a misdemeanor under Vehicle Code Section 23152. Penalties typically include 3 to 5 years of informal probation, up to 6 months in county jail (rarely imposed for first offenses without aggravating factors), fines and fees totaling approximately $1,500 to $2,600, DMV license suspension of 6 months (may obtain restricted license after 30 days for work and alcohol program), completion of a 3-month (AB541) or 9-month (AB1353) First-Offender Alcohol Program depending on BAC, and possible installation of ignition interlock device. Enhanced penalties apply for BAC of 0.15% or higher, refusal to submit to chemical testing, having a minor in the vehicle, or causing injury. Defendants have 10 days from arrest to request a DMV hearing to contest the administrative license suspension.
Does San Diego County offer diversion programs for criminal defendants?
Yes, San Diego County offers several diversion and alternative sentencing programs. Deferred Entry of Judgment (DEJ) under Penal Code 1000 is available for qualifying first-time drug possession offenders; successful completion results in dismissal. Proposition 36 provides drug treatment instead of incarceration for non-violent drug possession offenses. Mental Health Diversion under Penal Code 1001.36 allows treatment in lieu of prosecution for defendants with qualifying mental health conditions. Veteran’s Treatment Court provides specialized court supervision and services for military veterans. San Diego offers a Collaborative Court system including Drug Court, Homeless Court, and DUI Court for qualifying participants. Military Diversion under Penal Code 1001.80 is available for current or former military service members suffering from conditions related to service. Eligibility requirements vary by program, and violent offenses typically disqualify participation.
How can I get my criminal record expunged in California?
To seek expungement (dismissal under Penal Code Section 1203.4) in California, you must have completed probation, paid all fines and restitution, and not currently be charged with or serving a sentence for another offense. You file a petition with the court where you were convicted, and the judge has discretion to grant or deny the request based on your criminal history and conduct during probation. If granted, your guilty or no contest plea is withdrawn, a not guilty plea is entered, and the case is dismissed. You may then legally state on most employment applications that you were not convicted of the offense (with exceptions for public office, state licensing applications, and law enforcement positions). For arrest records that did not result in conviction, you may petition for sealing under Penal Code Section 851.91-851.92. Juvenile records may be sealed under Welfare and Institutions Code Section 781. The San Diego Superior Court provides self-help resources and forms for expungement petitions.