Fraud and Identity Theft in California

Identity theft (Penal Code § 530.5(a)) is willfully obtaining someone else's personal identifying information and using it for an unlawful purpose (such as obtaining credit, goods, services, real property or medical information) without their consent; no one has to actually lose money. It can be charged as a misdemeanor or felony: up to 1 year in county jail and/or a fine, or 16 months, 2 or 3 years under Penal Code § 1170(h). Acquiring or keeping someone's identifying information with intent to defraud is a misdemeanor (up to 1 year in county jail and/or a fine), but it can be charged as a felony (16 months, 2 or 3 years) after a prior conviction under this section or when the information of 10 or more people is involved. Selling or transferring someone's identifying information with intent to defraud can also be charged either way. Misuse of access (credit) cards is covered by Penal Code §§ 484e-484g.

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.