Criminal Defense Lawyer in Monterey, CA

A criminal defense lawyer in Monterey handles arrests and citations from anywhere in the city, from a misdemeanor to a felony. The case itself is heard at Monterey County's Salinas Courthouse, not the courthouse building inside Monterey. The Law Offices of David S. Chesley's criminal defense practice handles Monterey DUI, drug, theft, violent, domestic violence and sex offense cases.

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Where are Monterey criminal cases heard?

A Monterey criminal case is heard at the Salinas Courthouse, not at the courthouse building inside the city of Monterey, which the court uses for civil, family and probate matters.

Monterey County Superior Court's own Criminal division page states plainly that the court's criminal jurisdiction runs through one location: "The Monterey County Superior Court Criminal Division has jurisdiction over adult felony and misdemeanor cases. Criminal cases are processed in the Salinas Division." The same page lists the city of Monterey by name among the communities the Salinas Division covers, along with Carmel, Del Rey Oaks, Marina, Pacific Grove, Sand City and Seaside.

That surprises people who assume the "Monterey Courthouse" building, at 1200 Aguajito Road in Monterey, hears Monterey's own criminal cases. It does not. The court's own location page lists that building's work as Civil, Family, Probate, Jury Services and Self-Help Services, with no criminal designation at all.

Table: the Monterey County courthouse that hears a Monterey criminal case, and the Monterey building that does not.

The court's own Criminal division page and its Salinas Courthouse location page both confirm this. Whatever a citation, release paperwork or court notice actually says controls where a specific case appears, so check that document first.

How does a Monterey criminal case move through court?

A Monterey case moves from arrest or citation through booking, an initial release decision, arraignment, pretrial proceedings and, for a felony, a preliminary hearing before any trial.

For most misdemeanors, an officer releases the person on a written notice to appear instead of taking them before a judge, unless a listed reason for keeping the person applies, such as an outstanding warrant or a risk the person will not appear (Penal Code 853.6). Even then, the officer may book the person before releasing them. A felony arrest more often leads to booking and a bail or own recognizance decision at the jail.

A person held in custody must be brought before a judge within 48 hours of arrest, excluding Sundays and holidays (Penal Code 825). At arraignment the judge states the charge, explains the right to a lawyer and takes a plea. A person in custody and arraigned only on a misdemeanor is entitled to own recognizance release unless the court finds on the record that release would compromise public safety or not reasonably assure the person's appearance (Penal Code 1270(a)).

Bail decisions in any case, felony or misdemeanor, follow two California Supreme Court rulings. The court held in April 2026, in In re Kowalczyk, that a judge may deny bail outright only for the narrow set of offenses listed in the state Constitution, and that when money bail is required it must generally be set in an amount that is reasonably attainable, considering the person's financial situation, not simply a fixed schedule figure. That builds on the court's earlier decision in In re Humphrey, which requires a judge to consider a person's ability to pay and nonfinancial release conditions, such as supervision or monitoring, before relying on a bail amount alone.

A felony defendant has a right to a preliminary hearing, generally within 10 court days of the arraignment or plea, whichever is later, unless both sides waive that time or the court finds good cause for a delay (Penal Code 859b). A remote appearance must first be allowed by law: for a criminal defendant, Penal Code 977 sets which hearings may be held remotely and which require the defendant to be present. The court's remote appearance page adds that anyone who intends to appear remotely must first obtain the court's express authorization; without it, the appearance must be in person. The court's case search portal covers cases back to 2008 without registration.

Who polices Monterey, and where are arrests booked?

Monterey arrests are typically made by the Monterey Police Department, and anyone booked into custody is held at the Monterey County Jail in Salinas, run by the Sheriff's Office.

The Monterey Police Department's own listing gives its address as 351 Madison Street, Monterey, CA 93940, with a non-emergency line at (831) 646-3914 and a records line at (831) 646-3830; its lobby is open seven days a week from 7 a.m. to 7 p.m. A California Highway Patrol stop on a freeway near Monterey is also possible, as it is anywhere in the state.

Once booked, a person is held at the Monterey County Jail, 1414 Natividad Road, Salinas, CA 93906, run by the Monterey County Sheriff's Office. Visiting rules, commissary and mail procedures for that jail come only from the Sheriff's own page, since they can change.

What charges does a Monterey criminal defense lawyer handle?

The firm defends the common charge families in a Monterey case: DUI, drug possession, theft, violent offenses, domestic violence and sex offenses.

A DUI (Vehicle Code 23152) is a misdemeanor for a first, second or third offense within 10 years, though the required jail minimum rises with each prior conviction. A fourth DUI within 10 years, a DUI that injures someone, a DUI within 10 years after a prior felony DUI, and a DUI after certain prior vehicular manslaughter convictions, which have no 10-year limit, can instead be charged as a felony (Vehicle Code 23550, 23550.5, 23554). See the DUI lawyer in Monterey page.

Simple drug possession, such as heroin, cocaine or methamphetamine (Health and Safety Code 11350, 11377), is a misdemeanor with up to 364 days in county jail under most circumstances. It can become a felony for someone with certain serious prior convictions listed in Penal Code 667(e)(2)(C)(iv) or a sex offense registration requirement; for 11350 the felony term is then required, and for 11377 it is left to the court. Two other routes can also make possession a felony: the treatment-mandated felony for a person with two or more prior drug convictions who possesses a hard drug such as heroin, cocaine or methamphetamine (Health and Safety Code 11395), and possession of certain drugs while armed with a loaded, operable firearm (Health and Safety Code 11370.1). See the drug charges lawyer in Monterey page.

Theft of property worth $950 or less is generally petty theft, a misdemeanor punishable by up to six months in county jail, a fine up to $1,000, or both, unless the property was a firearm (Penal Code 490, 490.2). Theft above that line, or of a firearm regardless of value, is grand theft and can be charged as a felony (Penal Code 486, 487). See the theft lawyer in Monterey page.

Assault is an unlawful attempt, with the present ability, to commit a violent injury on someone; battery is any willful and unlawful use of force or violence, with no injury required (Penal Code 240, 242). Simple assault and battery are misdemeanors, but assault with a deadly weapon or force likely to cause great bodily injury (Penal Code 245) can be charged as a felony. See the violent crimes lawyer in Monterey page.

A domestic violence charge against a spouse or former spouse, a cohabitant, a fiancé or fiancée, a current or former dating partner, or the other parent of the person's child can rest on corporal injury (Penal Code 273.5) or domestic battery (Penal Code 243(e)(1)), and probation on either one brings a mandatory year-long batterer's program and a protective order. See the domestic violence lawyer in Monterey page.

A sex offense charge ranges from a misdemeanor, such as indecent exposure, to a serious felony. Many of these convictions, including indecent exposure, require sex offender registration under Penal Code 290, and the elements the prosecution must prove differ by statute. See the sex crimes lawyer in Monterey page.

What diversion and collaborative court programs does Monterey County offer?

Monterey Superior Court lists several collaborative court programs that can apply instead of, or alongside, a traditional sentence, depending on the charge and whether the person qualifies.

The court's own page names a DUI/DWI court, a Drug Treatment Court, a Mental Health Court and a Veterans Treatment Court, plus a separate Military Diversion program for current or former members of the U.S. military who may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse or mental health problems as a result of their service (Penal Code 1001.80). California law lets a judge divert some drug possession cases into treatment without a guilty plea (Penal Code 1000), and lets a judge consider mental health diversion for a qualifying diagnosis when the charge is not on a short excluded list (Penal Code 1001.36). Charges that would require sex offender registration, domestic violence charges and stalking are not eligible for the general misdemeanor judicial diversion statute (Penal Code 1001.95), and DUI is not eligible for that same misdemeanor diversion because of a separate Vehicle Code rule, so military diversion is the one route whose text expressly reaches a misdemeanor DUI.

Whether a specific Monterey case qualifies for any of these programs depends on the charge, the person's record and the judge's discretion; the court decides case by case.

What defenses come up in a Monterey criminal case?

Every Monterey case turns on its own facts, and a lawyer reviews the arrest, the evidence and the charging decision for problems before assuming a plea is the only option.

Common areas a defense lawyer examines include whether the stop, search or arrest itself followed the Fourth Amendment and Penal Code 1538.5, whether the evidence actually supports every element the prosecution must prove, whether an eyewitness identification is reliable, whether the person's own account or an alibi is supported, and whether a procedural step, such as a required warning or a deadline, was missed. Reviewing the police report, body camera footage, lab results and witness statements against the statute charged is the starting point for any of these.

No lawyer can promise a particular result in advance; the defense that fits a Monterey case depends on its specific facts and on the evidence once it is fully reviewed.

How do the free consultation and payment plans work for a Monterey case?

The firm offers a free consultation to review a Monterey arrest or citation, and you can ask about fees and payment plans before agreeing to representation.

There is no fee to discuss the case first, and fees and payment terms are discussed before you agree to representation. Se habla español.

What should I do first after a Monterey arrest or citation?

The first steps after a Monterey arrest or citation are to read every document given at release, note the court date, and call a lawyer before speaking further with investigators.

Keep the citation, notice to appear, or jail release paperwork together, since the exact date, time and courthouse department are printed there. Do not discuss the incident with police, an insurance adjuster or anyone else investigating it before talking to a lawyer. If a court date is already set, confirm it through the Monterey County Superior Court's case search portal and bring identification and the paperwork to that date.

Frequently asked questions

Where is my arraignment if I was arrested in Monterey?

Monterey criminal cases are arraigned at the Salinas Courthouse, 240 Church St., Salinas, CA 93901, not at the Monterey Courthouse building, which hears civil, family and probate matters, not criminal cases. Your citation or release papers will state the exact date and department.

Can I check my case online with the Monterey County Superior Court?

Yes. The court's self-service records portal covers current and completed cases back to 2008 and needs no registration, letting you view case information, scheduled hearings and pay eligible fines online.

Does the Monterey Courthouse building handle my criminal case?

No. The court's own listing for that Aguajito Road building shows it serves civil, family, probate and self-help matters, not criminal cases. A Monterey arrest or citation is heard at the Salinas Courthouse instead.

Who investigates my case if I was arrested by Monterey police rather than the Sheriff?

The agency that made the arrest, Monterey Police Department or another agency, such as the Sheriff's Office or the California Highway Patrol, generally continues the investigation and forwards the case to the District Attorney for a charging decision, regardless of which agency made the stop.

How do I request an interpreter for a Monterey hearing?

A criminal defendant who cannot understand English has a constitutional right to an interpreter, and the court provides one free of charge. The court asks for its Interpreter Request form 15 to 20 days before the hearing, given to a clerk at the public counter or emailed to the Interpreter Coordinator; an additional Spanish interpreter needs at least 72 hours' notice.

What happens if I miss my court date in Salinas?

Missing a required court date can lead to a bench warrant (Penal Code 978.5) and to a separate charge: willfully breaking a written promise to appear on a citation is a misdemeanor (Penal Code 853.7), and willfully failing to appear to evade the court after release on own recognizance, or on bail in a felony case, is also a crime (Penal Code 1320, 1320.5).

Can bail be reduced for a Monterey arrest?

A judge can set bail above or below the county's schedule, or allow own recognizance release. Before arraignment, the arrested person, or a lawyer, friend or family member, can ask a judge for lower bail or own recognizance release under Penal Code 1269c, except for offenses listed in Penal Code 1270.1. A judge must consider ability to pay, and bail must generally be set in an amount that is reasonably attainable for that person.

Talk to a Monterey criminal defense lawyer today

A Monterey arrest or citation moves quickly once it reaches the Salinas Courthouse, and an early call can affect what happens at arraignment and after. The Law Offices of David S. Chesley offers a free consultation, is available 24/7, and offers payment plans. Se habla español. Call (800) 755-5174 or use the firm's consultation request form to discuss a Monterey case today.