SAN BERNARDINO CRIMINAL DEFENSE · SINCE 1974
Criminal Defense in San Bernardino County
An accusation can change your life. Put decades of San Bernardino criminal defense experience on your side.
Your defense starts with the facts and your future.
Your freedom, reputation, work, and family deserve more than a rushed decision. Before you accept a plea or assume the prosecution’s version is the only version, get a clear assessment of the evidence and the options.
James M. Glick has practiced criminal defense since 1974. A San Bernardino native and USC graduate, he brings decades of experience with the local criminal justice system to the people who need it most. His approach starts with understanding the person behind the charge and the result that person hopes to achieve.
For one client, the priority may be fighting the charge at trial. For another, it may be limiting custody exposure, protecting employment, or pursuing an eligible alternative to a conviction. Your priorities should inform the strategy, alongside a candid discussion of the evidence, risks, and legal limits.
How a criminal case moves through San Bernardino County.
Most San Bernardino County prosecutions follow the same basic path. Knowing the stages helps you see which decisions are coming. For a step-by-step guide to the first hours and days, see what to do after an arrest.
Arrest, booking, and release
After an arrest, a person is typically booked into a county facility such as the Sheriff’s Central Detention Center in San Bernardino or the West Valley Detention Center. Release may come through citation, bail, or court-ordered conditions.
Charging by the District Attorney
The San Bernardino County District Attorney’s Office decides whether to file charges and which charges to file.
Arraignment
Felony and misdemeanor cases in the San Bernardino area are heard by the San Bernardino Superior Court, criminal division, at 247 W 3rd St. At arraignment, the court informs you of the charges, addresses counsel, and takes a plea, usually not guilty at this stage.
Misdemeanor and felony paths
A misdemeanor case generally moves from arraignment to pretrial conferences and, if it does not resolve, to trial. A felony case filed by complaint usually includes a preliminary hearing. Under Penal Code § 859b, that hearing generally must be held within 10 court days of arraignment or plea, and within 60 days, unless the defendant waives the time or the court finds good cause. A judge then decides whether the evidence is sufficient to hold the defendant to answer; if so, the case proceeds to felony arraignment on an information.
Pretrial motions and negotiation
The defense may file pretrial motions, such as a motion to suppress evidence under Penal Code § 1538.5 or a motion to reduce a wobbler to a misdemeanor. Where the law authorizes it, diversion may be an option: under Penal Code § 1001.95, a judge may offer misdemeanor diversion, even over the prosecutor’s objection, for up to 24 months, and dismiss the case if the terms are completed. Certain offenses, including those requiring sex offender registration, domestic violence offenses, and stalking, are excluded.
Trial and sentencing
If the case goes to trial, the prosecution must prove each element beyond a reasonable doubt. A conviction by plea or verdict leads to sentencing, where the court considers the charge, the record, and what the defense presents.
Misdemeanor, felony, or wobbler?
Penal Code § 17 sorts crimes by their possible punishment. A felony is punishable by death, state prison, or county jail under Penal Code § 1170(h). Other crimes are misdemeanors, except offenses classified as infractions.
Many California offenses are wobblers: the law allows them to be charged or punished either as a felony or as a misdemeanor. Under § 17(b), a wobbler becomes a misdemeanor for all purposes in specified situations, such as when the court declares it a misdemeanor at or after a grant of probation, or determines before trial that it is a misdemeanor.
Make the prosecution’s case stand up to scrutiny.
A police report is an account to examine. A strong defense asks what supports the allegations, what is missing, and whether the evidence was obtained lawfully. Depending on the case, that review may involve:
- The elements the prosecution must prove and whether the evidence supports each one.
- Witness statements, identification procedures, video, digital records, and conflicts in the timeline.
- The legal basis for a stop, detention, search, or seizure.
- Evidence supporting a defense or undermining the prosecution’s explanation.
- The consequences of any proposed plea, including issues beyond the immediate sentence.
Dismissal, reduced charges, diversion where authorized, a negotiated resolution, and trial are different possibilities—not interchangeable promises. The right course depends on what the law and evidence actually support.
Criminal charges handled in San Bernardino County.
About 99% of James M. Glick’s cases are in San Bernardino County.
- High-profile cases: serious felonies that draw media or public attention.
- Violent and serious felonies: offenses listed in Penal Code §§ 667.5(c) and 1192.7(c).
- Homicide and murder: murder, manslaughter, and related charges.
- Robbery and carjacking: taking property by force or fear.
- Assault with a deadly weapon: assault and battery charges, including ADW.
- Gun and weapons charges: possession, carrying, and use allegations.
- Strikeable offenses: Three Strikes exposure and prior strike allegations.
- Domestic violence: charges involving a partner, family, or household member.
- Sex crimes: allegations that may carry registration consequences.
- Theft and burglary: shoplifting, petty and grand theft, and burglary.
- Drug offenses: possession, possession for sale, and transportation.
- DUI and traffic: DUI arrests and criminal traffic charges.
- Juvenile law: cases involving minors in juvenile court.
- Probation violations and warrants: violation hearings and outstanding warrants.
- Expungement and record clearing: relief after a conviction.
- Appeals: review of convictions and rulings by a higher court.
California Penal Code protections that matter.
| Code section | Why it matters |
|---|---|
| Penal Code § 1096 | Addresses the presumption of innocence and the prosecution’s burden to prove guilt beyond a reasonable doubt. |
| Penal Code § 17 | Defines felonies, misdemeanors, and infractions, and the circumstances in which a wobbler becomes a misdemeanor for all purposes. |
| Penal Code § 859b | Sets time limits for a felony preliminary hearing, generally 10 court days from arraignment or plea and no more than 60 days, subject to waiver and good cause. |
| Penal Code § 1538.5 | Provides a procedure to seek suppression of evidence obtained through an unlawful search or seizure. Grounds and procedural requirements matter. |
| Penal Code § 1001.95 | Allows a judge to offer misdemeanor diversion for up to 24 months, with dismissal on completion. Registrable, domestic violence, and stalking offenses are excluded. |
These protections matter only when the issue is identified and properly raised. Suppression is not automatic, and excluding evidence does not necessarily end a case.
For a local overview of arraignment, pretrial proceedings, and trial, see the San Bernardino Superior Court criminal division.
Know what comes next before you choose a direction.
A useful consultation should leave you with a clearer understanding of the charge, upcoming dates, the information needed for review, and the proposed scope of representation. Discuss fees and communication expectations at the outset.
Bring your citation or charging papers, court notices, case number, and release paperwork. Tell the office about any approaching hearing or deadline when you first call.
Common criminal defense questions
Can you get my case dismissed?
Dismissal may be a goal when supported by the evidence and law. No responsible case assessment can promise it before reviewing the record. Ask what specific weaknesses, motions, or legal issues could support that result.
Should I accept the first offer?
A proposed resolution needs to be evaluated against the evidence, possible defenses, sentencing exposure, and consequences that matter to you. Have counsel explain both the terms and the alternatives before you make a decision.
What does a successful defense mean?
Success is measured against the legally available options and your informed priorities. A meaningful outcome can take different forms; it cannot be reduced to a promise that every charge will disappear.
How long does a criminal case take in San Bernardino?
It depends on the charge, the evidence, and the decisions made along the way. Some misdemeanors resolve in a few court dates; serious felonies can take many months or longer when investigation, forensic review, or motions are involved. Speedy-trial rights exist but are often waived so the defense has time to prepare.
Do I have to go to court for a misdemeanor in San Bernardino?
Not always. Under Penal Code § 977, a person charged only with a misdemeanor may generally appear through counsel. There are exceptions: for misdemeanor domestic violence charges and protective order violations, the defendant must be present at arraignment and sentencing, and the court can require presence in other situations. Confirm with your attorney first.
What is a wobbler?
A wobbler is an offense California law allows to be treated either as a felony or as a misdemeanor. Under Penal Code § 17(b), the court may declare it a misdemeanor in specified circumstances, such as before trial or when granting probation. A reduction is not automatic and depends on the offense, the facts, and your record.
Should I talk to the police?
You have the right to remain silent and the right to an attorney. Statements made to officers, even ones meant to explain or help, can be used as evidence. You can politely decline to answer questions without a lawyer. Talk to a criminal defense attorney before giving any statement about the facts of the case.
Your future deserves a defense built around you.
Tell the office what you are facing and what matters most to you. Call James M. Glick’s office at (909) 889-1446 to request a consultation.
Call the OfficeGeneral California legal information, reviewed 2026-10-18. The charge, facts, prior record, and law applicable to the case control the available defenses and remedies. Past results do not guarantee a similar outcome. Contacting the office does not establish an attorney-client relationship.