Criminal FAQs

Frequently Asked Questions

Those codes are on the state website,  California Legislative Information  .

When you get to that page, click on the "California Law" tab.

On the next page, for the Penal (Criminal) code, click the "Penal Code" link.

You may also want to look up codes in other areas besides the Penal Code. For example, the Health and Safety Code has codes about controlled substances (drugs), that may relate to criminal charges.

No, the Court no longer provides criminal public records on microfiche.

If the case was filed in 2004 or later, you can  search the criminal index online , which is updated quarterly. You can search for a case number using either the defendant’s name and date of birth, or the defendant's name plus the month and year the case was filed.

If the case was filed before 2004, you can ask the clerk to do a name search.

  1. Forms
    • Local Forms:
      • Our forms page lists all local forms. Criminal forms begin with the prefix CR. (There are very few local criminal forms.)  Click here to go to the Local Forms page .
      • There are no form attachments to the Criminal Local Rules.
    • State Forms:  Click here to go to State Forms page  .  Tip: use the dropdown box to choose the rule or form you want. Choose "Criminal" to see criminal forms.
  2. Fees
  3. Rules of Court - Rules of Court are procedures the Court requires parties to follow when they start a Court case. Counties may have Local Rules of Court in addition to the State Rules of Court.

The DUI Program brochure, downloadable from the links below, is from the  Santa Clara Valley Behavioral Health Services  . It lists Drinking Driver programs at various locations in the county. It is available in English, Spanish, and Vietnamese.

COVID-19 FAQ DUI programs

Click to open the Santa Clara County DUI Programs brochures:

  1. English
  2. Spanish
  3. Vietnamese

Attendance and completion of all program sessions is required to comply with the requirements of the courts and/or the Department of Motor Vehicles.

Out of County DUI Program Information: If assistance is needed in locating a program in another county, the defendant may contact:

  1. The DMV at (916) 657-6525 , or visit the  State of CA DMV DUI Arrest home page
  2. The  California Department of Health Care Services website  for a Driving-Under-the-Influence Program Directory of Service Providers.
  3. Any of the alcohol programs within Santa Clara County

There are no fees involved for the incarceration itself.

However, there are statutory fines/fees imposed as part of a sentence. If a defendant requests one of the alternative jail programs, there can be fees involved for those programs, such as Weekend Work Program or Work furlough.

The defense attorney or Probation Department can advise a defendant of the various consequences and penalties that can be imposed related to the crime.

You can find information about someone who is in jail in Santa Clara County by using the  Department of Correction's search page get to inmate booking information  .  You must have one of the following:

  • Booking number: This is a number assigned by the Department of Correction to identify the arrest that a person is in jail for.
  • Personal File Number (PFN): This is a number assigned by the Department of Correction to identify a person in the court's computer system.
  • Name, and either date of birth or date of booking

The booking number or Personal File Number may be available in the court's file. You can find out by calling the Clerk's Office at the courthouse where the person has been to court. (See  list of courthouses  with links to phone numbers and locations.)

If the person hasn't been to court yet and you do not know which courthouse he/she will go to, you can still search by the person's name and date of birth or contact the Department of Correction. (See the  Dept. of Correction's Frequently Asked Questions web page  for more information.)

You may qualify for a public defender.

You cannot be referred to the  Public Defender's Office  until you have appeared in court.

You can call (408) 435-2000 . This is the main phone number for the  County Probation Department  , and they can provide the information needed regarding who a person's Probation Officer is.

Applications for Rehab and Pardon can be obtained from either:

AND should be filed in the county where you reside, not where the conviction occurred.

If appointed to do so, the Public Defender in the county where you reside will represent you during the hearing. If you reside in Santa Clara County, you can call the Public Defender's Office at (408) 299-7700.

If you want to clear a warrant for your arrest, contact the Court that issued the warrant or the police agency that holds it.

See the  Self-Help Traffic Resources page  for local police agency websites. Then go to the website for phone numbers and addresses.

See a  list of courthouses  for the Superior Court in Santa Clara County. Then, click on a specific courthouse to see business hours and contact information.

  • Effective November 17, 2023, persons who receive notice of an arrest warrant may, through counsel, calendar the matter for an out-of-custody arraignment.  This protocol  allows these persons a first court appearance without the need to go into custody, though appearing at such an arraignment and participating in the protocol does not guarantee that the person will remain out of custody. As of November 28, 2023, these matters are scheduled for hearing on the second or fourth Monday of each month in the Felony Arraignment department in the Hall of Justice, located at 190 W Hedding Street, San Jose, at 1:46 p.m. This protocol is available to all cases in Santa Clara County, including those originating out of the Palo Alto and Morgan Hill courthouses. If a person is not currently represented by an attorney and cannot afford to retain one, they may contact the Santa Clara County Public Defender Office Pre-Arraignment Representation and Review (PARR) Unit for assistance in accessing this process. Information for how to contact the Public Defender’s Office is located on their website.

Those who cannot afford counsel may qualify for representation by the  Public Defender's Office .

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