Harassment and Stalking Laws in California

Stalking is willfully and maliciously harassing, or willfully, maliciously and repeatedly following, another person and making a credible threat intended to put that person in reasonable fear for their safety or their immediate family's safety; the threat can be oral, written, electronic or implied by conduct. Stalking can be charged as a misdemeanor (up to 1 year in county jail and/or a fine of up to $1,000) or as a felony (16 months, 2 or 3 years in state prison). Stalking in violation of a restraining order or other court order is a felony carrying 2, 3 or 4 years. Stalking by someone with a prior felony conviction for domestic corporal injury, violating a protective order or criminal threats can be charged as a misdemeanor or as a felony of 2, 3 or 5 years, and stalking by someone with a prior felony stalking conviction carries 2, 3 or 5 years.

California's rule on court-appointed lawyers: At the arraignment, if the defendant cannot afford a lawyer, the judge will appoint one, typically a public defender, free of charge. If the public defender cannot take the case or there is no public defender in the area, the court will usually appoint another lawyer. California Courts Self-Help Guide, 'The arraignment'

Lawyers set their own fees, and California has rules on how they may charge. See hiring a criminal defense lawyer in California for fee rules, how to check a lawyer's license and free help.

How release before trial works in California: Each county superior court adopts a bail schedule under Penal Code § 1269b; it fixes the amount on which a person arrested without a warrant may be released before appearing in court. After the first court appearance, the amount of bail is within the judge's discretion and may be higher or lower than the schedule, subject to Penal Code § 1275 and controlling case law, including In re Humphrey (2021) 11 Cal.5th 135. Persons not entitled to bail are those charged with capital crimes when the facts are evident or the presumption great; felonies involving acts of violence when the facts are evident or the presumption great and the court finds by clear and convincing evidence a substantial likelihood that release would result in great bodily harm to others; and felonies when the facts are evident or the presumption great and the court finds by clear and convincing evidence that the person threatened another with great bodily harm and would likely carry out the threat. For serious and violent felonies and certain domestic-violence and stalking offenses, release on bail in an amount other than the schedule requires a hearing in open court. At arraignment the judge may release a defendant on his or her own recognizance, release under supervision, set bail, or not set bail; typically, someone charged only with misdemeanors will be released on their own recognizance. Cal. Const. art. I, § 12; Cal. Penal Code §§ 1269b, 1270.1, 1270.5, 1275; Santa Clara County Superior Court 2026 Criminal Bail Schedule; California Courts Self-Help Guide What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See California expungement and record sealing rules.