DUI & Criminal Defense Attorney

Aggressive Criminal Defense in Bakersfield, Delano, Ridgecrest, Wasco & All Kern County Communities

Facing criminal charges in Kern County? You need experienced legal representation that understands Kern County courts, prosecutors, and local law enforcement practices. Whether arrested for DUI, domestic violence, drug crimes, theft, assault, gun charges, or serious felonies, your freedom, career, family, and future are at stake.

Attorney Armando Josué Cespedes provides comprehensive criminal defense throughout Kern County—Bakersfield, Delano, Ridgecrest, Wasco, Arvin, Shafter, Tehachapi, McFarland, California City, and every community across Kern County. Perfect 5.0 Avvo rating with 34 five-star reviews and three consecutive Client’s Choice Awards (2023, 2024, 2025).

We defend clients in all Kern County Superior Court locations and fight to protect your constitutional rights, challenge illegal searches, suppress evidence, negotiate favorable plea agreements, and take cases to trial when necessary.

Free Confidential Consultation: (888) 315-3326 | Available 24/7 | Hablamos Español

About Kern County and Criminal Justice System

Kern County Overview

Kern County is located in California’s southern Central Valley and southern Sierra Nevada mountains, serving as a major agricultural, oil production, and transportation hub. According to the U.S. Census Bureau^[1], Kern County has a population of over 900,000 residents, making it the 11th most populous county in California.

Major Cities and Communities:

• Bakersfield (county seat): California’s 9th largest city with approximately 403,000 residents
• Delano: Agricultural center with approximately 53,000 residents
• Ridgecrest: Desert community near Naval Air Weapons Station China Lake, approximately 29,000 residents
• Wasco: Agricultural community, approximately 27,000 residents
• Arvin: Agricultural hub, approximately 20,000 residents
• Shafter: Growing agricultural city, approximately 20,000 residents
• Tehachapi: Mountain community, approximately 13,000 residents
• McFarland: Agricultural community, approximately 15,000 residents
• California City: Desert community, approximately 14,000 residents
• Taft: Oil industry center, approximately 9,000 residents

Economic Base:

• Agriculture (grapes, almonds, citrus, carrots, cotton)
• Oil and natural gas extraction
• Distribution and logistics
• Aerospace and defense (Edwards Air Force Base, China Lake)
• Manufacturing

Kern County Criminal Justice System

Kern County Superior Court: The Kern County Superior Court^[2] operates multiple courthouse locations serving the county’s vast geography:

Main Justice Building (Bakersfield) 1215 Truxtun Avenue Bakersfield, CA 93301 Criminal, civil, family law matters

Metropolitan Courthouse (Bakersfield) 1415 Truxtun Avenue Bakersfield, CA 93301 Traffic, small claims, limited civil

Delano Courthouse 1122 Jefferson Street Delano, CA 93215 Criminal, traffic, civil matters for western Kern County

Ridgecrest Courthouse 325 South China Lake Boulevard Ridgecrest, CA 93555 Criminal, civil matters for eastern Kern County

Mojave Courthouse 2951 Sierra Highway Mojave, CA 93501 Limited criminal and civil jurisdiction

Tehachapi Courthouse 20600 Highway 202 Tehachapi, CA 93561 Limited criminal and civil jurisdiction

Law Enforcement Agencies:

• Kern County Sheriff’s Department^[3]: Primary law enforcement for unincorporated areas and contract cities
• Bakersfield Police Department^[4]: City of Bakersfield law enforcement
• California Highway Patrol: Traffic enforcement, DUI enforcement
• Delano Police Department, Ridgecrest Police Department, other municipal agencies

Prosecution: The Kern County District Attorney’s Office^[5] prosecutes all felony cases and misdemeanors occurring in unincorporated areas. City prosecutors handle misdemeanor cases in their respective cities.

Kern County Crime Statistics

According to the California Department of Justice OpenJustice Initiative^[6], Kern County experiences significant criminal activity:

Violent Crime:

• Kern County reported 3,716 violent crimes in 2022^[7], including homicide, rape, robbery, and aggravated assault
• Violent crime rate higher than state average
• Gang-related violence significant in Bakersfield and surrounding areas

Property Crime:

• Thousands of property crimes annually including burglary, theft, motor vehicle theft, arson
• Agricultural theft significant problem in farming communities

Drug Crimes:

• Major drug trafficking corridor (Interstate 5, Highway 99, Highway 58)
• Methamphetamine, heroin, fentanyl trafficking and possession cases common
• Marijuana cultivation enforcement despite state legalization

DUI Arrests: According to the California Office of Traffic Safety (OTS)^[8], Kern County experiences thousands of DUI arrests annually:

• CHP and local police conduct aggressive DUI enforcement
• Sobriety checkpoints common in Bakersfield, Delano, and major corridors
• Fatal and injury crashes involving alcohol significant public safety concern

Arrest Statistics: According to CA DOJ arrest data^[9], Kern County law enforcement made approximately 30,000-35,000 arrests annually in recent years across all crime categories.

Comprehensive Criminal Defense Services in Kern County

DUI Defense – VC § 23152 & § 23153

Driving Under the Influence is one of the most common criminal charges in Kern County. From Bakersfield to Tehachapi, law enforcement agencies conduct aggressive DUI enforcement including sobriety checkpoints, saturation patrols, and targeted enforcement around bars and restaurants.

California DUI Laws:

• VC § 23152(a): Driving under the influence of alcohol
• VC § 23152(b): Driving with BAC 0.08% or higher
• VC § 23152(f): Driving under the influence of drugs
• VC § 23153: DUI causing injury (wobbler felony)

Kern County DUI Penalties:

First DUI (Misdemeanor):

• County jail: Up to 6 months
• Fines: $390-$1,000 plus penalty assessments (total $1,800-$2,800)
• DUI school: 3-9 months
• License suspension: 6 months (4 months with restricted license)
• Probation: 3-5 years
• Ignition Interlock Device (IID) required

Second DUI (Misdemeanor):

• County jail: 96 hours to 1 year (mandatory minimum)
• Fines: $390-$1,000 plus assessments
• DUI school: 18-30 months
• License suspension: 2 years (1 year with IID)
• Probation: 3-5 years

Third DUI (Misdemeanor):

• County jail: 120 days to 1 year (mandatory minimum)
• Fines: $390-$1,000 plus assessments
• DUI school: 30 months
• License suspension: 3 years (can drive with IID after 6 months)
• Designated as habitual traffic offender

DUI Causing Injury (Felony VC § 23153):

• State prison: 16 months, 2, or 3 years
• Additional 3-6 years for great bodily injury (PC § 12022.7)
• Strike offense if great bodily injury
• Victim restitution
• Up to 5-year license revocation

Kern County DUI Statistics: According to the California DMV DUI Management Information System^[10], Kern County experiences thousands of DUI arrests annually. The California Office of Traffic Safety^[8] reports Kern County as higher than state average for alcohol-involved fatal and injury crashes, making DUI enforcement a top priority for law enforcement.

Common Kern County DUI Scenarios:

• Highway 99 DUI stops (major corridor through Bakersfield)
• Interstate 5 enforcement (Grapevine, Wheeler Ridge)
• Highway 58 (Bakersfield to Barstow corridor)
• Downtown Bakersfield bar district enforcement
• Sobriety checkpoints (Bakersfield, Delano, Tehachapi)
• Oil field worker DUI arrests
• Agricultural worker DUI stops

DUI Defense Strategies:

1. Challenge Traffic Stop: Was stop lawful? Did officer have reasonable suspicion?
2. Challenge Field Sobriety Tests: Not scientifically reliable, affected by medical conditions, improper administration
3. Challenge Breathalyzer: Rising blood alcohol, mouth alcohol, machine malfunction, improper calibration
4. Challenge Blood Test: Chain of custody, fermentation, improper storage, contamination
5. Challenge Checkpoint: Did checkpoint meet constitutional requirements?
6. Medical Conditions: Acid reflux, GERD, diabetes can affect breath test
7. No Driving: Prosecution must prove you drove vehicle
8. Necessity Defense: Emergency justified driving
9. Negotiate Reduced Charges: Reduce to wet reckless (VC § 23103.5), dry reckless, exhibition of speed
10. DMV Hearing: Fight administrative license suspension (must request within 10 days)

Kern County DUI Checkpoints: Bakersfield Police Department, Kern County Sheriff, and CHP conduct regular sobriety checkpoints throughout the county, particularly during holidays, weekends, and special enforcement periods. According to the National Highway Traffic Safety Administration (NHTSA)^[11], sobriety checkpoints are legal in California but must meet specific constitutional requirements which we aggressively challenge.

Domestic Violence Defense – PC § 243(e)(1), § 273.5, § 273.6

Domestic violence charges are extremely serious in Kern County, carrying mandatory arrest policies, emergency protective orders, lifetime firearm prohibitions, and severe consequences for employment, child custody, and immigration status.

California Domestic Violence Laws:

• PC § 243(e)(1): Domestic battery (misdemeanor, no injury required)
• PC § 273.5: Corporal injury to spouse/cohabitant (wobbler, requires injury)
• PC § 273.6: Violation of protective order
• PC § 422: Criminal threats

Penalties:

PC § 243(e)(1) – Domestic Battery:

• County jail: Up to 1 year
• Fines: Up to $2,000
• 52-week batterer’s intervention program (mandatory)
• 10-year California firearm ban
• Lifetime federal firearm ban (18 U.S.C. § 922(g)(9))
• Protective order

PC § 273.5 – Corporal Injury:

• Misdemeanor: Up to 1 year jail
• Felony: 2, 3, or 4 years prison
• 52-week batterer’s program
• Lifetime firearm prohibition
• Prior DV within 7 years: Additional 2-5 years prison
• Great bodily injury: Additional 3-5 years

Kern County Domestic Violence Statistics: According to CA DOJ data^[6], Kern County law enforcement agencies made approximately 2,000-3,000 domestic violence arrests annually in recent years, reflecting aggressive enforcement and mandatory arrest policies.

Kern County Domestic Violence Resources:

• Alliance Against Family Violence and Sexual Assault^[12]: Kern County’s primary domestic violence support organization
• Domestic violence courts operate in Bakersfield
• Victim advocates in all Kern County courthouses

Domestic Violence Defense Strategies:

1. Self-Defense: You defended yourself from attack
2. Defense of Others: You defended children or family member
3. False Accusations: Common in custody disputes, divorces, revenge
4. Mutual Combat: Both parties fighting (no innocent victim)
5. No Injury: PC § 273.5 requires injury (photos show none)
6. Accident: Injury was accidental, not intentional
7. Insufficient Evidence: No witnesses, conflicting evidence
8. Victim Recants: Victim admits lying or wants charges dropped
9. Challenge Protective Order: Modify or lift stay-away order
10. Negotiate Non-DV Resolution: Reduce to non-domestic violence charge (PC § 415, § 242)

Federal Firearm Consequences: ANY domestic violence conviction (even misdemeanor) triggers lifetime federal firearm ban under the Lautenberg Amendment (18 U.S.C. § 922(g)(9)). This affects law enforcement officers, military personnel, security guards, and anyone who owns firearms. We fight aggressively to avoid domestic violence convictions that trigger gun bans.

Drug Crimes Defense – HS § 11350, § 11351, § 11352, § 11378, § 11379

Kern County is a major drug trafficking corridor with Interstate 5 and Highway 99 running through the county. Drug possession, sales, and trafficking charges are aggressively prosecuted by Kern County District Attorney and federal prosecutors.

California Drug Laws:

• HS § 11350: Possession of controlled substance (cocaine, heroin, methamphetamine, fentanyl)
• HS § 11351: Possession for sale
• HS § 11352: Sale/transportation of controlled substance
• HS § 11357: Marijuana possession (now largely decriminalized)
• HS § 11358: Marijuana cultivation
• HS § 11378: Possession of methamphetamine
• HS § 11379: Possession of methamphetamine for sale

Penalties:

Simple Possession (HS § 11350):

• Misdemeanor under Proposition 47 (2014)
• County jail: Up to 1 year
• Probation
• PC § 1000 drug diversion available (first-time offenders)

Possession for Sale (HS § 11351, § 11378):

• Felony: 2, 3, or 4 years state prison
• Probation possible
• Factors: quantity, packaging, scales, cash, communications

Sale/Transportation (HS § 11352, § 11379):

• Felony: 3, 4, or 5 years state prison
• Enhanced if sales to minors, near schools, large quantities

Kern County Drug Statistics: According to CA DOJ arrest data^[6], drug and narcotic violations represent one of the most common arrest categories in Kern County, with thousands of arrests annually. Methamphetamine is the most commonly seized drug, followed by heroin, fentanyl, and cocaine.

Common Kern County Drug Scenarios:

• Interstate 5 traffic stops (major trafficking corridor)
• Highway 99 interdiction (Bakersfield corridor)
• Highway 58 enforcement (Mojave Desert route)
• Bakersfield gang drug operations
• Oil field worker possession arrests
• Probation/parole searches discovering drugs
• Controlled buys and undercover operations

Drug Crimes Defense Strategies:

1. Illegal Search and Seizure: Challenge Fourth Amendment violations
2. Lack of Possession: Drugs belonged to someone else
3. Lack of Knowledge: Didn’t know drugs were present
4. Constructive Possession Challenge: Can’t prove you controlled drugs
5. Entrapment: Law enforcement induced crime
6. Chain of Custody: Challenge drug evidence handling
7. Lab Analysis: Challenge crime lab results
8. Reduce Possession for Sale to Simple Possession: Challenge prosecution’s evidence
9. PC § 1000 Diversion: Drug treatment instead of conviction
10. Proposition 36/PC § 1210: Drug treatment for non-violent offenders

Proposition 47 (2014): California voters passed Proposition 47^[13] reducing simple drug possession from felonies to misdemeanors. Many clients qualify for resentencing under PC § 1170.18 if previously convicted of drug possession felonies.

Theft Crimes Defense – PC § 484, § 487, § 459, § 211

Property crimes including theft, burglary, robbery, and shoplifting are common charges throughout Kern County, from retail theft in Bakersfield malls to vehicle theft and agricultural equipment theft in farming communities.

California Theft Laws:

• PC § 484: Petty theft ($950 or less)
• PC § 487: Grand theft (over $950, or any vehicle/firearm)
• PC § 459.5: Shoplifting (Proposition 47)
• PC § 459: Burglary (entering structure with intent to steal)
• PC § 211: Robbery (taking from person by force/fear)
• PC § 496: Receiving stolen property

Penalties:

Petty Theft (Under $950):

• Misdemeanor: Up to 6 months jail, $1,000 fine

Grand Theft (Over $950):

• Misdemeanor: Up to 1 year jail
• Felony: 16 months, 2, or 3 years prison
• Enhanced penalties for amounts over $65,000

Burglary:

• First degree (residential): 2, 4, or 6 years prison (STRIKE offense)
• Second degree (commercial): 16 months/2/3 years prison (felony) or 1 year jail (misdemeanor)

Robbery:

• First degree: 3, 4, or 6 years prison (STRIKE)
• Second degree: 2, 3, or 5 years prison (STRIKE)

Kern County Theft Statistics: According to CA DOJ crime data^[14], Kern County experiences thousands of theft-related crimes annually, including larceny-theft, motor vehicle theft, burglary, and robbery.

Common Kern County Theft Scenarios:

• Bakersfield retail theft (Valley Plaza, East Hills Mall)
• Auto theft (Bakersfield highest auto theft rate in Central Valley)
• Agricultural equipment theft (tractors, trailers, irrigation equipment)
• Oil field equipment theft
• Copper wire theft
• Catalytic converter theft
• Employee embezzlement
• Check fraud

Theft Defense Strategies:

1. No Intent to Permanently Deprive: Borrowed, not stole
2. Claim of Right: Good faith belief you owned property
3. Consent/Permission: Owner gave permission
4. Mistaken Identity: Wrong person accused
5. False Accusations: Employer retaliation, personal dispute
6. Value Dispute: Challenge amount (reduce grand theft to petty theft)
7. No Burglary Intent: Didn’t intend to steal when entered
8. Self-Defense (Robbery): Used force in self-defense, not to rob
9. Proposition 47 Reduction: Reduce old theft felonies to misdemeanors
10. Civil Compromise: Victim accepts restitution, charges dismissed

Proposition 47 Impact: ^[13]Proposition 47^[13] (2014) raised the felony theft threshold from $450 to $950 and created separate shoplifting statute, reducing many theft crimes to misdemeanors. Clients with old theft felonies can petition for resentencing.

Assault and Battery Defense – PC § 240, § 242, § 243(d), § 245

Assault and battery charges arise from bar fights, domestic disputes, road rage incidents, and self-defense situations throughout Kern County.

California Assault and Battery Laws:

• PC § 240: Simple assault (attempt to harm)
• PC § 242: Simple battery (harmful touching)
• PC § 243(d): Battery causing serious bodily injury
• PC § 245(a)(1): Assault with deadly weapon
• PC § 245(a)(4): Assault on peace officer

Penalties:

Simple Assault/Battery:

• Misdemeanor: Up to 6 months jail, $1,000-$2,000 fine

Battery Causing Serious Injury (PC § 243(d)):

• Misdemeanor: Up to 1 year jail
• Felony: 2, 3, or 4 years prison

Assault with Deadly Weapon (PC § 245(a)(1)):

• Felony: 2, 3, or 4 years prison
• STRIKE offense
• Great bodily injury enhancement: Additional 3-6 years

Kern County Assault Statistics: ^[6]CA DOJ data^[6] shows aggravated assault as one of the most common violent crimes in Kern County, with hundreds of arrests annually.

Common Kern County Assault Scenarios:

• Bakersfield bar fights (downtown entertainment district)
• Road rage on Highway 99, Highway 58
• Domestic violence altercations
• Gang-related violence
• Sports altercations
• Neighbor disputes

Assault and Battery Defense Strategies:

1. Self-Defense: You defended yourself from attack
2. Defense of Others: Protected family member or friend
3. Mutual Combat: Both parties fighting (no innocent victim)
4. Accident: Contact was accidental, not intentional
5. False Accusations: Revenge, personal dispute
6. Insufficient Evidence: No witnesses, conflicting accounts
7. No Deadly Weapon: Object not deadly weapon
8. No Serious Injury: Reduce PC § 243(d) to simple battery
9. Lack of Intent: No intent to assault
10. Reduce Felony to Misdemeanor: Negotiate wobbler reduction

Self-Defense Law: California law recognizes your right to use reasonable force to defend yourself from imminent danger. We present evidence supporting self-defense claims including injuries, witness testimony, and video evidence.

Gun Crimes Defense – PC § 25400, § 25850, § 29800, § 417, § 246

Firearm offenses are aggressively prosecuted in Kern County due to gang violence and gun crimes. From carrying concealed weapons to felon in possession, gun charges carry severe penalties including mandatory minimums and lifetime firearm bans.

California Gun Laws:

• PC § 25400: Carrying concealed firearm
• PC § 25850: Carrying loaded firearm in public
• PC § 29800: Felon in possession of firearm
• PC § 417: Brandishing a weapon
• PC § 246: Shooting at inhabited dwelling
• PC § 30605: Possession of assault weapon

Penalties:

Carrying Concealed Firearm (PC § 25400):

• Misdemeanor: Minimum 3 months to 1 year jail
• 10-year firearm ban (Senate Bill 2, effective January 1, 2024)
• Felony (if aggravating factors): 16 months/2/3 years prison, lifetime ban

Felon in Possession (PC § 29800):

• Felony: 16 months, 2, or 3 years prison
• Mandatory prison if prior violent felony
• Federal charges possible (18 U.S.C. § 922(g)): Up to 10 years federal prison

Brandishing (PC § 417):

• Misdemeanor: Minimum 3 months to 1 year jail (firearm)
• Felony (at peace officer): 16 months/2/3 years prison

Shooting at Dwelling (PC § 246):

• Felony: 3, 5, or 7 years prison
• STRIKE offense

Kern County Gun Crime Statistics: According to CA DO^[6]J^[6] data^[6], weapons violations arrests are common in Kern County, with particular focus on gang members, prohibited persons, and illegal possession cases.

Common Kern County Gun Scenarios:

• Traffic stops discovering firearms
• Gang enforcement operations
• Probation/parole searches
• Domestic violence calls (firearms seized)
• Concealed carry without permit
• Road rage brandishing
• Gang shootings

Gun Crimes Defense Strategies:

1. Illegal Search and Seizure: Challenge Fourth Amendment violations
2. Lack of Possession: Gun belonged to someone else
3. Lack of Knowledge: Didn’t know gun was present
4. Valid CCW Permit: Authorized to carry
5. Not Prohibited Person: Challenge predicate conviction
6. Self-Defense Display: Brandishing justified by imminent threat
7. Momentary Possession for Safety: Securing gun temporarily
8. Firearm Not Loaded/Operable: Challenge elements
9. Federal vs. State Coordination: Minimize dual prosecution
10. Reduce Felony to Misdemeanor: Negotiate wobbler reduction

Kern County CCW Permits: The Kern County Sheriff’s Department^[3] issues concealed carry weapon (CCW) permits following the U.S. Supreme Court’s Bruen decision (2022), which made California a “shall issue” state.

Violent Crimes Defense – PC § 187, § 192, § 207, § 215, § 261

Serious violent felonies including murder, manslaughter, kidnapping, carjacking, and rape are prosecuted aggressively in Kern County with specialized prosecution units and severe penalties including life imprisonment.

California Violent Crime Laws:

• PC § 187: Murder (first degree: 25-to-life; second degree: 15-to-life)
• PC § 664/187: Attempted murder
• PC § 192: Manslaughter (voluntary: 3/6/11 years; involuntary: 2/3/4 years)
• PC § 207/209: Kidnapping
• PC § 215: Carjacking (3/5/9 years, STRIKE)
• PC § 261: Rape (3/6/8 years, STRIKE)

Kern County Violent Crime Statistics: According to CA DOJ data^[14], Kern County reported 3,716 violent crimes in 2022, including homicides, rapes, robberies, and aggravated assaults, with rates higher than state average.

Bakersfield Homicide Statistics: Bakersfield has experienced elevated homicide rates in recent years, with gang-related violence, domestic violence homicides, and drug-related murders comprising significant portions. According to California Department of Public Health data^[15], Kern County homicide rates exceed state averages.

Violent Crimes Defense Strategies:

1. Self-Defense: Complete defense to murder, assault
2. Imperfect Self-Defense: Reduce murder to manslaughter
3. Lack of Premeditation: Reduce first degree to second degree murder
4. Heat of Passion: Reduce murder to voluntary manslaughter
5. Mistaken Identity: Wrong person accused
6. Insufficient Evidence: Create reasonable doubt
7. Accident: No criminal intent
8. Lack of Specific Intent: Attempted murder requires intent to kill
9. False Accusations: Particularly in sex crimes
10. Illegal Interrogation: Suppress confessions

Three Strikes Law: Many violent felonies are STRIKE offenses under California’s Three Strikes Law (PC §§ 667-668). First STRIKE requires 50% custody, second STRIKE doubles sentence, third STRIKE = 25-years-to-life. We fight STRIKE allegations aggressively.

Sex Crimes Defense – PC § 261, § 288, § 243.4, § 647(b)

Sex crime allegations are devastating, carrying prison sentences, lifetime sex offender registration, GPS monitoring, and social stigma. False accusations are common, and we provide aggressive defense.

California Sex Crime Laws:

• PC § 261: Rape
• PC § 262: Spousal rape
• PC § 243.4: Sexual battery
• PC § 288: Lewd acts with child under 14
• PC § 288a: Oral copulation with minor
• PC § 289: Sexual penetration
• PC § 647(b): Prostitution

Penalties:

• Rape: 3, 6, or 8 years prison, STRIKE, lifetime registration
• Lewd acts with child: 3, 6, or 8 years prison, STRIKE, lifetime registration
• Sexual battery: Misdemeanor or felony, registration required

Sex Offender Registration: California’s sex offender registration system^[16] requires lifetime registration for most sex crimes (Tier 3), with Tier 1 (10 years) and Tier 2 (20 years) for less serious offenses.

Sex Crimes Defense Strategies:

1. False Accusations: Common in custody disputes, revenge
2. Consent: Alleged victim consented (not applicable to minors)
3. Mistaken Identity: Wrong person accused
4. Insufficient Evidence: No physical evidence, conflicting testimony
5. Challenge Forensic Evidence: DNA, SART exams
6. No Touching Occurred: Challenge elements of sexual battery
7. Age Mistake: Reasonable belief alleged victim was over 18 (limited defense)
8. Illegal Interrogation: Suppress confessions
9. Expert Witnesses: CSAAS experts, false memory experts
10. Negotiate Non-Registrable Offenses: Reduce to avoid registration

White Collar Crimes Defense – PC § 503, § 470, § 532, WIC § 10980

Financial crimes including embezzlement, fraud, forgery, identity theft, and welfare fraud are prosecuted by specialized units in Kern County.

California White Collar Laws:

• PC § 503: Embezzlement
• PC § 470: Forgery
• PC § 476: Check fraud
• PC § 530.5: Identity theft
• PC § 532: Theft by false pretenses
• WIC § 10980: Welfare fraud

Penalties:

• Most white collar crimes are wobblers
• Felony: 16 months, 2, or 3 years prison
• Massive restitution orders
• Professional license consequences

White Collar Defense Strategies:

1. No Fraudulent Intent: Honest mistake, misunderstanding
2. Lack of Knowledge: Didn’t know conduct was illegal
3. Authorization: Had permission to use funds
4. False Accusations: Employer retaliation
5. Accounting Errors: No theft occurred
6. Civil Matter: Business dispute, not criminal
7. Challenge Valuation: Reduce amounts
8. Restitution Negotiation: Structured payments
9. Civil Compromise: Repay victim, dismiss charges
10. Protect Professional Licenses: Coordinate with licensing boards

Juvenile Crimes Defense – WIC § 602

Juvenile delinquency matters are handled separately in Kern County Juvenile Court, with focus on rehabilitation rather than punishment.

Juvenile Court Process:

• Detention hearing (within 48 hours if detained)
• Jurisdictional hearing (trial)
• Dispositional hearing (sentencing)

Juvenile Dispositions:

• Probation (most common)
• Diversion programs
• Juvenile hall detention
• Camp placement
• California Youth Authority (serious offenses)

Juvenile Defense Strategies:

1. Diversion Programs: Avoid formal adjudication
2. Challenge Evidence: Same as adult court
3. Miranda Violations: Juveniles’ rights often violated
4. Illegal Search: School searches, probation searches
5. Transfer to Adult Court: Fight Proposition 57 transfer hearings
6. Sealing Records: Petition to seal juvenile records

Kern County Juvenile Programs:

• Teen Court
• Community service programs
• Substance abuse treatment
• Mental health services

Traffic Violations and License Suspensions

Traffic violations range from simple infractions to misdemeanors and can result in license suspension, insurance increases, and criminal records.

Common Traffic Crimes:

• Reckless driving (VC § 23103)
• Driving on suspended license (VC § 14601)
• Hit and run (VC § 20001/20002)
• Speed exhibition (VC § 23109)
• Evading police (VC § 2800.1)

CDL Violations: Commercial driver’s license holders face career-ending consequences from traffic violations. Kern County’s large trucking and agricultural industries mean CDL defense is critical.

Traffic Defense Strategies:

1. Challenge Radar/Lidar: Improper calibration, operator error
2. Challenge Officer Observations: Visual estimation unreliable
3. Necessity Defense: Emergency justified violation
4. Trial by Declaration: Written trial for infractions
5. Traffic School: Avoid point on record
6. Reduce to Infraction: Negotiate misdemeanor to infraction
7. DMV Hearing: Fight administrative license suspension
8. Ignition Interlock Removal: Petition for IID removal

Probation Violations – PC § 1203.2

Probation violation allegations can result in revocation and imposition of original suspended sentence.

Types of Violations:

• New criminal offense
• Failure to complete programs
• Failure to pay fines/restitution
• Failure to report to probation officer
• Positive drug test
• Violation of stay-away order
• Leaving jurisdiction

Probation Violation Defenses:

1. No Violation Occurred: Prove compliance
2. Violation Not Willful: Circumstances beyond control
3. Financial Inability: Cannot revoke for inability to pay (Bearden v. Georgia)
4. Modify Terms: Request modification of unreasonable conditions
5. Reinstatement: Show overall compliance, isolated incident
6. Early Termination: Petition for early probation termination (PC § 1203.3)

Post-Conviction Relief

Expungement (PC § 1203.4):

• Dismiss conviction after completing probation
• Available for most misdemeanors and some felonies
• Helps with employment, housing, professional licenses

Certificate of Rehabilitation:

• Demonstrates rehabilitation
• Required for Governor’s pardon application

Proposition 47 Resentencing (PC § 1170.18):

• Reduce old drug and theft felonies to misdemeanors

Proposition 64 (Marijuana):

• Dismiss/reduce old marijuana convictions

Kern County Court Locations and Procedures

Main Justice Building (Bakersfield)

Address: 1215 Truxtun Avenue Bakersfield, CA 93301

Handles:

• Felony arraignments
• Preliminary hearings
• Felony trials
• Misdemeanor trials
• Post-conviction matters

Hours: Monday-Friday, 8:00 AM – 4:00 PM

Parking: Public parking lots nearby, street parking

Metropolitan Courthouse (Bakersfield)

Address: 1415 Truxtun Avenue Bakersfield, CA 93301

Handles:

• Traffic arraignments
• Traffic trials
• Small claims
• Limited civil

Hours: Monday-Friday, 8:00 AM – 4:00 PM

Delano Courthouse

Address: 1122 Jefferson Street Delano, CA 93215

Handles:

• Criminal matters for western Kern County
• Traffic violations
• Civil cases

Serves: Delano, McFarland, Shafter, Wasco, Lost Hills, and surrounding communities

Ridgecrest Courthouse

Address: 325 South China Lake Boulevard Ridgecrest, CA 93555

Handles:

• Criminal matters for eastern Kern County
• Civil cases

Serves: Ridgecrest, Inyokern, Trona, and Indian Wells Valley

Mojave Courthouse

Address: 2951 Sierra Highway Mojave, CA 93501

Handles:

• Limited jurisdiction criminal and civil matters

Serves: Mojave, Boron, Edwards AFB area

Tehachapi Courthouse

Address: 20600 Highway 202 Tehachapi, CA 93561

Handles:

• Limited jurisdiction criminal and civil matters

Serves: Tehachapi and surrounding mountain communities

Our Proven Defense Strategies

Comprehensive Case Investigation

What We Do:

• Immediate investigation after retention
• Interview witnesses before memories fade
• Obtain surveillance video before it’s deleted
• Hire private investigators when necessary
• Locate and preserve evidence
• Visit crime scenes
• Document injuries, property damage

Challenging Illegal Searches and Seizures

Fourth Amendment Violations:

• Traffic stops without reasonable suspicion
• Vehicle searches without probable cause
• Home searches without warrant
• Probation searches exceeding scope
• Illegal detention and arrest

Suppression Motions: We file motions to suppress evidence obtained through illegal searches. If granted, prosecution loses critical evidence and often dismisses charges.

Prosecutorial Misconduct and Brady Violations

What We Challenge:

• Withholding exculpatory evidence (Brady v. Maryland)
• Witness intimidation
• Improper charging decisions
• Overcharging to coerce pleas

Expert Witnesses

Experts We Retain:

• Forensic toxicologists (DUI cases)
• Accident reconstruction experts
• Medical experts
• Ballistics experts
• DNA experts
• Financial experts (fraud cases)
• Use of force experts
• Domestic violence experts

Negotiating Favorable Plea Agreements

What We Negotiate:

• Reduce felonies to misdemeanors
• Reduce charges (DUI to reckless, assault with deadly weapon to simple assault)
• Diversion programs
• Alternative sentencing
• Probation instead of jail/prison
• Concurrent sentences
• Strike allegations dismissed
• Work furlough, house arrest, electronic monitoring

Trial Advocacy

When Cases Go to Trial:

• Extensive jury trial experience
• Aggressive cross-examination
• Compelling opening statements and closing arguments
• Jury selection expertise
• Not afraid to take cases to trial

Immigration Consequences

For Non-Citizen Clients:

• Coordinate with immigration attorneys
• Understand deportability of offenses
• Negotiate immigration-safe dispositions
• Avoid aggravated felonies and crimes of moral turpitude

Why Choose Tu Defensor Criminalista for Kern County Defense

Local Kern County Experience

We Know Kern County:

• Regular appearances in all Kern County Superior Court locations
• Relationships with Kern County prosecutors
• Knowledge of local judges’ tendencies
• Understanding of Kern County law enforcement practices
• Experience with Bakersfield PD, Kern County Sheriff, CHP procedures

Proven Track Record

Our Results:

• Perfect 5.0 Avvo rating
• 34 five-star client reviews
• Three consecutive Client’s Choice Awards (2023, 2024, 2025)
• Hundreds of cases successfully resolved
• Numerous dismissals, acquittals, and reduced charges

Personalized Attention

How We Serve Clients:

• Direct attorney communication (not paralegals)
• Personally handle all court appearances
• Return calls promptly
• Keep clients informed at every stage
• Accessible and responsive

Bilingual Services

Hablamos Español:

• Complete representation in Spanish
• Large Spanish-speaking population in Kern County
• Agricultural worker defense
• Oil field worker representation
• Understand cultural issues affecting cases

Aggressive Defense

Our Approach:

• Challenge every element of prosecution’s case
• File aggressive pre-trial motions
• Negotiate from position of strength
• Not afraid to take cases to trial
• Protect constitutional rights

Affordable Payment Plans

We Work With You:

• Flexible payment plans
• Credit cards accepted
• Understand financial challenges
• Transparent fee agreements

Kern County Law Enforcement Agencies We Defend Against

Kern County Sheriff’s Department

The Kern County Sheriff’s Department^[3] is the primary law enforcement agency for unincorporated areas and provides contract law enforcement services to several cities. Sheriff’s deputies conduct:

• Patrol operations
• Traffic enforcement
• DUI enforcement
• Gang suppression
• Narcotics investigations
• Warrant service
• Court security
• Jail operations

Bakersfield Police Department

The Bakersfield Police Department^[4] serves the City of Bakersfield with approximately 400 sworn officers. BPD conducts:

• Downtown patrol and bar enforcement
• Gang enforcement
• Narcotics investigations
• DUI saturation patrols
• Special weapons and tactics (SWAT)
• Sexual assault investigations

California Highway Patrol

CHP provides traffic enforcement throughout Kern County on state highways and interstate freeways:

• DUI enforcement on Highway 99, Interstate 5, Highway 58
• Commercial vehicle enforcement (trucking industry)
• Aggressive driving enforcement
• Sobriety checkpoints
• Major accident investigations

Municipal Police Departments

• Delano Police Department
• Ridgecrest Police Department
• Taft Police Department
• Arvin Police Department (contract with Sheriff)
• California City Police Department (contract with Sheriff)

Federal Law Enforcement

Federal agencies investigate and prosecute crimes in Kern County:

• FBI: Gang crimes, public corruption, major drug trafficking
• DEA: Drug trafficking organizations
• ATF: Firearms trafficking, explosives
• U.S. Marshals: Fugitive apprehension
• ICE: Immigration violations
• U.S. Postal Inspection Service: Mail fraud

Understanding Kern County Prosecution

Kern County District Attorney’s Office

The Kern County District Attorney’s Office^[5] prosecutes all felony cases county-wide and misdemeanor cases in unincorporated areas. Specialized units include:

Major Crimes Unit:

• Homicides
• Officer-involved shootings
• Major violent crimes

Gang Unit:

• Gang-related crimes
• STEP Act prosecutions
• Gang enhancements

Narcotics Unit:

• Drug trafficking cases
• Asset forfeiture
• Federal coordination

Economic Crimes Unit:

• Embezzlement
• Fraud
• Identity theft
• Welfare fraud

Sexual Assault Unit:

• Sex crimes
• Child abuse
• Human trafficking

Domestic Violence Unit:

• Domestic violence prosecutions
• Restraining order violations

Career Criminal Unit:

• Three Strikes cases
• Repeat offenders
• Habitual criminals

City Prosecutors

Bakersfield City Prosecutor and other municipal prosecutors handle misdemeanor violations occurring within city limits.

Federal Prosecutors

U.S. Attorney’s Office for the Eastern District of California (Fresno office) prosecutes federal crimes in Kern County including:

• Major drug trafficking
• Firearms offenses
• Immigration crimes
• White collar crimes
• Public corruption

Protecting Your Rights Throughout the Criminal Process

Arrest and Booking

What Happens:

• Police take you into custody
• Booking at Kern County jail (Bakersfield) or substation
• Fingerprinting and photographing
• Bail set according to Kern County bail schedule

Your Rights:

• Right to remain silent (invoke immediately)
• Right to attorney (request attorney before answering questions)
• Right to phone call

What We Do:

• Immediate jail visit if retained
• Bail review and reduction motions
• Own recognizance (OR) release arguments
• Advise on police questioning

Arraignment

What Happens:

• First court appearance (within 48 hours if in custody)
• Charges formally filed
• Plea entered (not guilty, guilty, no contest)
• Bail review
• Next court date set

What We Do:

• Appear with you at arraignment
• Enter not guilty plea
• Argue for bail reduction or OR release
• Obtain discovery (police reports, evidence)

Preliminary Hearing (Felonies)

What Happens:

• “Probable cause” hearing
• Prosecution presents evidence
• Judge determines if sufficient evidence to proceed to trial
• Witnesses testify
• No jury

What We Do:

• Cross-examine prosecution witnesses
• Expose weaknesses in case
• Preserve testimony for trial
• File motion to dismiss if insufficient evidence
• Reduce felonies to misdemeanors (PC § 17(b))

Pre-Trial Motions

Motions We File:

• Motion to Suppress Evidence (PC § 1538.5): Challenge illegal searches
• Pitchess Motion: Obtain police officer personnel records
• Motion to Dismiss (PC § 995): Insufficient evidence
• Motion in Limine: Exclude prejudicial evidence
• Discovery Motions: Compel prosecution to provide evidence
• Speedy Trial Motions (PC § 1382): Dismiss for delay

Plea Negotiations

Throughout Pre-Trial:

• Negotiate with prosecutors for favorable resolutions
• Explore diversion programs
• Seek charge reductions
• Argue for probation instead of jail/prison
• Pursue civil compromise (PC § 1377/1378)

Trial

Jury Trial:

• 12-person jury (felonies), 12-person jury (misdemeanors punishable by more than 90 days)
• Voir dire (jury selection)
• Opening statements
• Prosecution’s case
• Defense case
• Closing arguments
• Jury deliberation
• Verdict

What We Do:

• Extensive trial preparation
• Aggressive cross-examination
• Compelling defense presentation
• Expert witnesses
• Fight for not guilty verdict

Sentencing

If Convicted:

• Sentencing hearing
• Victim statements
• Defendant’s statement
• Judge imposes sentence

What We Do:

• Present mitigation evidence
• Character witnesses
• Letters of support
• Argue for lowest possible sentence
• Alternative sentencing (probation, house arrest, work furlough)
• Restitution disputes

Appeals and Post-Conviction

Appellate Process:

• Notice of appeal filed within 60 days
• Appellate briefs
• Oral argument
• Appellate decision

What We Do:

• File appeals when trial errors occurred
• Habeas corpus petitions
• Expungement (PC § 1203.4)
• Certificate of Rehabilitation
• Proposition 47/64 petitions

Frequently Asked Questions

Contact Tu Defensor Criminalista for Kern County Criminal Defense

If you or a loved one faces criminal charges in Kern County, time is critical. Evidence disappears, witnesses’ memories fade, and opportunities for favorable resolutions diminish. Contact us immediately for aggressive representation.

Call (888) 315-3326 Now – Free Confidential Consultation – Available 24/7

Office Location: Tu Defensor Criminalista 1370 Valley Vista Drive, Suite 200 Diamond Bar, CA 91765

Phone: (888) 315-3326 Available: 24 Hours a Day, 7 Days a Week Languages: English & Spanish (Hablamos Español) Email Consultations: Available Website: [Contact Form Available]

We Serve All Kern County Communities:

Bakersfield | Delano | Ridgecrest | Wasco | Arvin | Shafter | Tehachapi | McFarland | California City | Taft | Mojave | Boron | Lamont | Lost Hills | Buttonwillow | Maricopa | Frazier Park | Lake Isabella | Kernville | Inyokern | Trona | Rosamond | Fellows | Ford City | South Taft | Bear Valley Springs | Pine Mountain Club | Stallion Springs | Golden Hills | Greenacres | Oildale | East Bakersfield | Greenfield | Keene | Wheeler Ridge

Areas of Practice – Complete Criminal Defense Coverage:

DUI & Traffic Crimes:

• First, second, third DUI offenses
• DUI causing injury (felony)
• Underage DUI
• Commercial driver DUI
• Drugged driving
• Reckless driving
• Driving on suspended license
• Hit and run
• Speed exhibition
• Street racing

Violent Crimes:

• Murder and attempted murder
• Manslaughter
• Assault and battery
• Assault with deadly weapon
• Domestic violence
• Robbery and carjacking
• Kidnapping
• Rape and sexual assault
• Child abuse
• Elder abuse

Drug Crimes:

• Possession of controlled substances
• Possession for sale
• Sales and transportation
• Manufacturing
• Marijuana crimes
• Prescription drug fraud
• Drug trafficking
• Conspiracy

Theft Crimes:

• Petty theft and shoplifting
• Grand theft
• Burglary
• Robbery
• Embezzlement
• Fraud
• Identity theft
• Receiving stolen property
• Auto theft

Gun Crimes:

• Felon in possession
• Carrying concealed weapon
• Carrying loaded firearm
• Brandishing
• Assault with firearm
• Shooting at dwelling
• Illegal firearms sales

Sex Crimes:

• Rape and sexual assault
• Lewd acts with minor
• Sexual battery
• Child pornography
• Prostitution
• Indecent exposure
• Annoying or molesting child

White Collar Crimes:

• Embezzlement
• Fraud
• Forgery
• Identity theft
• Credit card fraud
• Check fraud
• Insurance fraud
• Welfare fraud
• Tax evasion

Other Crimes:

• Probation violations
• Restraining order violations
• Gang crimes
• Weapons offenses
• Arson
• Vandalism
• Trespassing
• Public intoxication
• Disturbing the peace
• Juvenile crimes

Post-Conviction Services:

• Expungement (PC § 1203.4)
• Certificate of Rehabilitation
• Governor’s pardon applications
• Proposition 47 resentencing
• Proposition 64 (marijuana) relief
• Appeals
• Habeas corpus petitions

Kern County Criminal Defense Resources

Emergency Numbers:

• Kern County Sheriff: (661) 861-3110
• Bakersfield Police Department: (661) 327-7111
• Emergency: 911

Kern County Superior Court:

• Main Number: (661) 868-5393
• Website: https://www.kern.courts.ca.gov/^[2]

Kern County Jail Information:

• Lerdo Justice Facility: (661) 391-7500
• Central Receiving Facility: (661) 868-7200

Kern County Public Defender:

• Phone: (661) 868-4450
• (If you cannot afford private attorney)

Bail Bonds:

• Available 24/7 throughout Kern County

Final Message

Criminal charges are life-altering events. Whether facing misdemeanor or felony charges, you deserve experienced, aggressive representation. Kern County’s criminal justice system is complex, with multiple courthouse locations, specialized prosecution units, and strict sentencing guidelines. You need an attorney who understands Kern County courts, knows local prosecutors and judges, and will fight tirelessly for your rights.

At Tu Defensor Criminalista, we treat every client with dignity and respect. We understand that good people make mistakes, that false accusations happen, and that constitutional violations occur. We believe in the presumption of innocence and the prosecution’s burden to prove guilt beyond a reasonable doubt.

Don’t face Kern County criminal charges alone. Don’t rely on overworked public defenders. Don’t plead guilty without exploring all defenses. Your freedom, your family, your career, and your future are too important.

Call (888) 315-3326 now for your free confidential consultation. We’re available 24 hours a day, 7 days a week, including weekends and holidays. Hablamos Español.

Protecting Your Rights. Defending Your Freedom. Fighting for Your Future Throughout Kern County.