Criminal

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Overview of services – criminal

Legal Advice

Please be aware that Superior Court staff is not authorized by law to give legal advice. If you are seeking legal advice, you should consider consulting a licensed attorney.  You may also want to visit the San Joaquin County Law Library or the Superior Court’s Self-Help Center for additional information and forms.

What I Need to Bring to Court

  • Proper identification
  • Copy of citation, Promise to Appear
  • Any documents which prove compliance with judicial orders and/or probation terms

Case Records and Search

If you would like to view a case file or request copies of documents from a case file, please visit the Records Management.

Fees, Fines, and Bail Schedule

If you would like to view fees and fines and the bail schedule associated with criminal cases, please click on the links that follow:

Fines and Fees or Felony Bail Schedule

Criminal Court

Criminal courts have jurisdiction over misdemeanors – offenses generally punishable by fine and/or county jail term – preliminary felony hearings and felony trials. Criminal courts conduct arraignments, criminal readiness, trials, motions, sentencing, probation hearings, and Mental Health proceedings.

The non-judicial support for criminal courts consists of Court Clerks, a Criminal Calendar Department, and Interpreters. Court Clerks assist the judges in the courtroom by preparing minutes, scheduling events, marking exhibits and various other duties. The Criminal Calendar Department transfers information from the courtrooms and other outside sources to various computer systems to create indexes, calendar and minutes. The Interpreters provide interpreting services for the Court in both the verbal and written form.

Criminal Proceedings

With the unification of the Municipal and Superior Courts, Superior Court has criminal jurisdiction over all misdemeanors, preliminary felony hearings, and felony trials. The Court conducts arraignments where accused individuals are informed of the specific charges against them and are advised of their rights. The court holds preliminary hearings on felony charges to determine if there is sufficient evidence to require a defendant to stand trial. More detailed information is located in the following sections:

When, where and what time is my court date?

You may obtain that information by conducting a case search on the court’s website. If the case has not been updated, you will need to contact the Clerk’s office by phone or at the counter to obtain that information.

What are my options if I have missed my court date?

If you are currently represented by counsel, and you wish to have your case placed back on calendar, you must contact someone at your attorney’s office who can assist you. If you are not represented by counsel, you must contact the Clerk’s Office by phone or visiting the appropriate branch location.

Do I have an active bench warrant?

You can verify if you have an outstanding warrant by calling or visiting the branch location where your case was initiated.

What is the final disposition of my case and the date of the disposition?

You may search your case by checking the Court’s online system by visiting https://www.sjcourts.org/case-management-search/, or by requesting a copy of the disposition through the Records Management Department.

How do I file a 1203.4 PC/17(b) PC motion?

An attorney may file this motion for you. If you do not have an attorney, you may go to the Law Library and research how to file the motion with the Clerk’s Office. These forms are also available on the Court’s website at https://www.sjcourts.org/self-help/cleaning-your-recordexpungement. Once you have the documents prepared, you will need to reserve a hearing date with the Clerk’s office. You may also go to the Self-Help section of California Court’s website for assistance.

Who can serve my documents?

Any person over the age of 18 years who is not a party to the action may serve your documents. You may not serve your own documents.

How do I file a Petition for Rehabilitation, Certificate and Pardon?

You may go to the Cleaning your Record/Expungement on this website or the Self-Help section of California Court’s website for assistance.

Is there a filing fee for motions filed in Criminal cases?

The only motions for which a fee is charged are Motions to Vacate and Exonerate Bail and Motions for Change of Venue. All Criminal Motions are able to be e-filed by accessing our portal at https://appfile.sjcourts.org/.

How do I request copies from an old file?

All request for copies are processed through our Records Management division, which you may access at https://www.sjcourts.org/divisions/records-management/. You have the ability to request copies online. To use our online ticketing request, you may access at https://www.sjcourts.org/online-services/records-request/

Can I appear for someone else?

No. The defendant in the case must personally appear. An attorney may appear on behalf of a defendant unless the defendant is ordered by the Court to appear.

Can I continue or change my court date without appearing?

No. The Clerk’s office can advance your hearing (arraignments only) if your case is a misdemeanor or felony. A request to continue a hearing date may only be granted by a judge.

How can I get an extension on my Surrender-To-Jail date?

If you are currently represented by counsel, and you wish to have your case placed back on calendar, you must contact someone at your attorney’s office who can assist you. If you are not represented by counsel, you must contact the Clerk’s Office by phone or visiting the appropriate branch location.

I was terminated from my Level I, Level II, or Deferred Judgment Program. How can I get back into the program?

If your case is a misdemeanor, you or your attorney* may apply for a hearing date to request your re-enrollment into the Level I program.For the Court to order re-enrollment in the Level II Program, the Court must receive a termination letter from the program that you were enrolled in. At that time, you or your attorney* may apply for a hearing date to request your re-enrollment into the Level II program.

For the Court to order re-enrollment in the Deferred Judgment Program, you or your attorney* may apply for a hearing date to request your re-enrollment into the program.

*If you have an attorney, the attorney must submit the application. If you do not have an attorney, you may submit the application.

How does Assembly Bill No. 1950 affect my probation term?

As of January 1, 2021, Assembly Bill No. 1950 amended Penal Code sections 1203a and 1203.1 to change the maximum term of probation that can be imposed for most criminal offenses.  Under the new changes:

  • The maximum term of probation for most misdemeanor offenses is no more than one year.  (Pen. Code, § 1203a, subd. (a).)
  • The maximum term of probation for most felony offenses is no more than two years.  (Pen. Code, § 1203.1, subd. (a).)

For cases sentenced prior to January 1, 2021, the court will be reviewing its own records on informal grants of probation only and terminate probation if deemed to have been completed. For formal grants of probation, the Probation Department will be submitting requests to terminate probation if eligible. For previously sentenced cases that do not qualify for probation to be terminated, the length of probation will be updated on qualifying charges.

The law in this area is complex.  Therefore, if you have any questions if your probationary term will be shortened because of the changes made by Assembly Bill No. 1950, you should contact an attorney or discuss with your Probation Officer. Please do not call the Superior Court of California, County of San Joaquin to inquire if your case is eligible for termination.  The court employees answering the phones are unable to provide any legal advice.

The information is not intended to provide or convey any legal advice, but is intended for informational purposes only. Should you believe your term of probation will be affected by the changes discussed, you should seek legal advice.

T-Visa and U-Visa

The Victims of Trafficking and Violence Protection Act of 2000 established forms of immigration relief under the issuance of a T-Visa or U-Visa for immigrants within the United States who are not lawful permanent residents or naturalized citizens and who are:

  • the victims of certain qualifying criminal activity, and
  • was/is being helpful or is likely to be helpful to law enforcement, prosecutors, judges or government officials in the detection, investigation, prosecution, conviction
    or sentencing of qualifying criminal activity.

In order to be eligible for either type of Visa, the applicant must obtain a declaration or certification from a certifying agency as outlined in Penal Code section 679.10 and Penal Code section 679.11. A judge is included on the list among those who can act as a certifying official. Certification by itself does not grant immigration status to the applicant as there are additional eligibility requirements that must be met. The Department of Homeland Security has the sole authority to grant or deny a T-Visa or U-Visa.
For the most up to date information, forms and instructions regarding the U Nonimmigrant Status Visa (I-918), visit the US Citizenship and Immigration Services’ website at https://www.uscis.gov/I-918.

For the most up to date information, forms and instructions regarding the T Nonimmigrant Status Visa (I-914), visit the US Citizenship and Immigrations Services’ website at https://www.uscis.gov/i-914.

Submitting a declaration or certification request to the court for consideration
When submitting a U-Visa request for certification, submit to the following to the Stockton Criminal Department:

  • Form I-918 Supplement B, U Nonimmigrant Status Certification, with Part 1 – Victim Information completed; Must be typed or printed in black or blue ink
  • Any additional supporting documentation for the reviewing judicial officer’s consideration
  • A self-addressed stamped envelope (SASE) with the appropriate postage affixed so that your document and any supporting documentation can be returned to you

When requesting a T-Visa declaration for consideration, submit the following to the Stockton Criminal Department:

  • Form I-914 Supplement B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons, with Part A – Victim Information completed; Must be typed or printed in black ink
  • Any additional supporting documentation for the reviewing judicial officer’s consideration
  • A self-addressed stamped envelope (SASE) with the appropriate postage affixed so that your document and any supporting documentation can be returned to you

After judicial review, the original declaration or certification, either granted or denied, will be returned to the party along with any supporting documents.
Pursuant to Penal Code 679.10 and 679.11, a certifying entity shall process a Form I-914 Supplement B declaration or Form I-918 Supplement B certification, within 30 days of request, unless the noncitizen is in removal proceedings, in which case the declaration or certification shall be processed within 7 days of the first business day following the day the request was received.

By statute, the court must report and make available the number of victims who requested either type of Visa, the number that were signed and the number that were denied. Click here for San Joaquin County Superior Court’s activity here.