An Alameda County criminal case is heard at one of four courthouses: the Rene C. Davidson or Wiley W. Manuel courthouse in Oakland, the Fremont Hall of Justice, or the East County Hall of Justice in Dublin. Your citation, notice to appear, or release paperwork should show where to go. The county's bail schedule sets a starting amount, and a judge can change it.
Which Alameda County courthouse hears your case
Alameda County Superior Court hears criminal cases at four courthouses. The Rene C. Davidson Courthouse at 1225 Fallon Street in Oakland and the Wiley W. Manuel Courthouse at 661 Washington Street, also in Oakland, both list criminal cases among the matters they hear. The Fremont Hall of Justice and the East County Hall of Justice in Dublin each list criminal and traffic cases. The court's criminal division page names those four buildings as its criminal court locations and describes the court's jurisdiction over "infraction, misdemeanor, and felony cases." Those pages do not give a city-by-city assignment list, so rely on the courthouse shown on your citation, notice to appear, or other court paperwork, and use the court's online calendar search to confirm your court date.
People who live in Berkeley or Hayward should know that both cities have their own Alameda County courthouse, but neither one currently lists criminal cases among the cases it serves. The Berkeley Courthouse lists conservatorships, guardianships and probate, and the Hayward Hall of Justice lists civil, family law, domestic violence, restraining order and similar matters. A criminal charge arising in either city is heard at one of the four criminal courthouses instead, so read your citation or complaint carefully, or call the criminal division clerk, rather than assuming the courthouse closest to you is the right one.
What happens at your first court appearance
What happens first depends on whether you were arrested and held or cited and released. If you are in custody, Penal Code section 825 requires that you be taken before a judge "without unnecessary delay, and, in any event, within 48 hours" after arrest, not counting Sundays and holidays, and if that window runs out while court is not in session, it extends to include the next court session on the following judicial day. If you were cited and released, or received a notice to appear by mail, the 48 hour rule does not apply because you are not being held, and your first date is the one printed on the citation or notice.
At a felony arraignment on a complaint, Penal Code section 859 requires the magistrate to give you a copy of the complaint, tell you that you have the right to a lawyer, ask whether you want one, and allow reasonable time to send for counsel. A not guilty plea at arraignment keeps the case open for investigation and negotiation, and a guilty or no contest plea at a first appearance is a decision to make only after a lawyer has reviewed the evidence.
How bail is set in Alameda County, and how it can change
Alameda County, like every California county, works from a countywide bail schedule that the county's own superior court judges must "prepare, adopt, and annually revise" under Penal Code section 1269b(c). Before you see a judge, bail is the amount set in the arrest warrant or, if no warrant was issued, the amount in that schedule (section 1269b(b)). Once a judge is involved, Penal Code section 1275 requires public safety to be "the primary consideration," along with the seriousness of the charge, your criminal history, the likelihood you will appear, and any alleged threats to a victim or witness or use of a weapon. For a serious or violent felony, the court must find "unusual circumstances" before setting bail below the schedule amount.
Bail can also move after arraignment. If a peace officer or prosecutor files a declaration showing probable cause that money or property offered for bail was feloniously obtained, the court can hold your release until the source is examined under Penal Code section 1275.1; see the source of funds hold under section 1275.1. Posting the full amount in cash is only one option; a bail bond through a licensed surety is another, usually for a nonrefundable premium instead of the full amount. Either way, your attorney can also ask the court to lower bail or release you without posting it at all through a motion for bail reduction.
What the district attorney and public defender's office do
The Alameda County District Attorney's Office, based at 1225 Fallon Street in Oakland, is the county's prosecuting agency: it reviews the police report, decides what charges to actually file in a complaint, and is the office that negotiates any plea or reduced charge. The Alameda County Public Defender's Office represents defendants who cannot afford a lawyer and ask for one; its main office handles cases heard at the Rene C. Davidson Courthouse, its Oakland branch handles cases at the Wiley W. Manuel Courthouse, and it has branch offices in Fremont and Dublin. Asking for a public defender does not prevent you from hiring private counsel later.
What to bring and what to expect at the courthouse
The court's criminal division page asks people coming to court to bring photo identification, a copy of the citation, any notice of hearing, bail or bond receipts, jail release paperwork, and any sentencing or probation order. Everyone entering the courthouse passes through metal detection and weapons screening, so arrive early and confirm your department at the clerk's window. The court's self-help center page does not list criminal cases among the case types it helps with, so for case specific questions call the criminal division clerk at your courthouse or talk to your attorney. The court allows remote appearances in some criminal cases, but it tells people to check with the assigned department first, so do not assume you can skip an in-person date.
Which courthouse, which bail rule and which deadline applies can turn on small facts about your arrest and your charge. The Law Offices of David S. Chesley can go over your citation or complaint with you; reach the firm at (800) 755-5174.