Criminal court runs on jargon. This is a plain-English glossary of the terms you will actually hear — each linked to a full explainer.
Court Process
- Arraignment — the first court appearance, where charges are read, a plea is entered, and bail is addressed. More.
- Own recognizance (O.R.) — release on your written promise to appear, with no money. How bail works.
- Bench warrant — an arrest warrant issued when you miss a court date. More.
- Discovery — the evidence the prosecution must turn over to the defense — police reports, body-camera video, lab results.
- Motion to suppress (PC 1538.5) — a motion to exclude evidence obtained through an unlawful search or stop; winning it can end a case.
- DMV hearing (APS) — a separate proceeding after a DUI that decides your license; you have 10 days to request it. More.
- Statute of limitations — the deadline for the prosecution to file charges — generally one year for a misdemeanor. More.
Outcomes & Relief
- Judicial diversion (PC 1001.95) — a judge diverts a misdemeanor and dismisses it on completion, over the DA's objection. More.
- Mental health diversion (PC 1001.36) — treatment-based diversion ending in dismissal. More.
- Civil compromise (PC 1377) — dismissal when a compensable victim is made whole. More.
- Expungement (PC 1203.4) — setting aside and dismissing a conviction after probation. More.
- Arrest sealing (PC 851.91) — sealing an arrest that did not lead to a conviction. More.
- PC 17(b) reduction — reducing a felony wobbler to a misdemeanor. More.
- Wet reckless (VC 23103.5) — a reduced plea from a DUI to reckless driving. More.
- Plea bargain — a negotiated resolution without a trial. More.
- Restitution — paying an identifiable victim back for their loss. More.
- Probation — serving a sentence in the community under conditions. More.
Charge Levels
- Infraction — the lowest level — a fine only, no jail, no record. More.
- Misdemeanor — punishable by up to a year in county jail.
- Felony — punishable by imprisonment and a felony record. Since 2011 Realignment (PC 1170(h)), many lower-level felonies are served in county jail rather than state prison; more serious, violent, or sex-registerable felonies are still punished by a state-prison term.
- Wobbler — a crime chargeable as a felony or a misdemeanor. More.
- Strike — a prior serious or violent felony that increases future sentences. More.
Frequently Asked Questions
What is the difference between an infraction, a misdemeanor, and a felony?
An infraction is punishable by a fine only, with no jail and no criminal record. A misdemeanor carries up to a year in county jail. In California, felonies are punishable by imprisonment; since 2011 Realignment (Penal Code § 1170(h)), many lower-level felonies are served in county jail rather than state prison, while more serious, violent, or sex-registerable felonies are still punished by a state-prison term. Many offenses are wobblers that can be charged as either a felony or a misdemeanor.
What does 'diversion' mean in a criminal case?
Diversion pauses the case so you can complete court-ordered conditions; if you succeed, the case is dismissed with no conviction. In California, judicial diversion (PC 1001.95) and mental health diversion (PC 1001.36) are the main misdemeanor tracks.
What is a wobbler?
A wobbler is a crime that can be charged and punished as either a felony or a misdemeanor. Keeping a wobbler a misdemeanor — including through a PC 17(b) reduction — is often the central goal of the defense.
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Schedule Free ConsultationAbout the Author
Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com