SAN BERNARDINO CRIMINAL DEFENSE · SINCE 1974
What Happens After an Arrest in San Bernardino
An arrest starts a process with its own steps and deadlines. Here is how it usually unfolds in San Bernardino County, and what you or your family can do.
Step 1: The arrest and your rights
The moments after an arrest are when people most often hurt their own case. You do not have to answer questions. Say clearly that you want to remain silent and want a lawyer, then stop talking about the facts.
- Do not resist, even if the arrest seems wrong. That argument belongs in court.
- Do not discuss the case with officers, cellmates, or on jail phone calls, which can be recorded.
- Do not consent to searches of your phone, car, or home.
California law allows an attorney to visit a person in custody at the request of the prisoner or any relative.
Step 2: Booking, bail, and release
Booking at a sheriff's facility
After an arrest in the San Bernardino area, a person is usually booked at a San Bernardino County Sheriff's jail: fingerprints, photographs, property, and a medical screening. The sheriff describes the Central Detention Center (630 East Rialto Avenue, San Bernardino) as the primary booking facility for east valley police and sheriff stations. The West Valley Detention Center (9500 Etiwanda Avenue, Rancho Cucamonga) is one of the largest county jails in the state.
Bail and the county bail schedule
The Superior Court's judges adopt and annually revise a countywide bail schedule. Before a person sees a judge, bail is generally the amount on the warrant or, without a warrant, the schedule amount. It can be posted in cash or by surety bond. Once the person appears in court, the judge sets bail.
Own-recognizance release and ability to pay
A judge may grant own-recognizance (OR) release on a written promise to appear, often with conditions. For an in-custody person arraigned on a misdemeanor, OR release is the rule unless the court finds on the record that it would compromise public safety or not reasonably assure appearance. In In re Humphrey (2021), the California Supreme Court held that courts must consider ability to pay when setting money bail, and may not detain someone through unaffordable bail unless clear and convincing evidence shows no less restrictive conditions would protect public safety or assure appearance.
Step 3: The charging decision and arraignment
Police make the arrest, but the San Bernardino County District Attorney decides whether to file charges, which ones, and whether as misdemeanors or felonies. Filed charges may differ from booking charges, and sometimes no case is filed.
A person in custody must be brought before a judge without unnecessary delay and within 48 hours, excluding Sundays and holidays (Penal Code § 825). Many San Bernardino cases are heard at the Superior Court's Criminal Division, 247 West Third Street; some in-custody defendants appear by video from the jail.
At arraignment, the court reads the charges, addresses counsel, takes a plea, and decides release and bail. Case information is available through the San Bernardino Superior Court.
Step 4: Misdemeanor and felony tracks
Misdemeanor cases
After arraignment, a misdemeanor moves to pretrial conferences, where evidence is exchanged, motions may be filed, and the parties discuss resolution. If it does not resolve, it is set for trial.
Felony cases and the preliminary hearing
A felony adds a preliminary hearing, where a judge decides whether the evidence is enough to hold the person to answer. Unless time is waived or good cause is found, it must be held within 10 court days of arraignment or plea (Penal Code § 859b). If held, the prosecutor files an information and the person is arraigned again.
| Code section | Why it matters |
|---|---|
| Penal Code § 825 | Arrested person must see a magistrate without unnecessary delay and within 48 hours, excluding Sundays and holidays; allows attorney visits at a relative's request. |
| Penal Code § 1269b | Each county's judges adopt and annually revise a countywide bail schedule; before a court appearance, bail follows the warrant or schedule. |
| Penal Code § 1270 | Authorizes OR release for noncapital offenses; an in-custody misdemeanor defendant is entitled to it absent specific findings on the record. |
| Penal Code § 1275 | Bail factors, with public safety primary; going below the schedule for a serious or violent felony requires a finding of unusual circumstances. |
| Penal Code § 859b | Felony preliminary hearing within 10 court days of arraignment or plea, with a 60-day outer limit, subject to waiver and good cause. |
| Penal Code § 1382 | Speedy trial: 60 days for felonies after arraignment on an information; 30 (in custody) or 45 days for misdemeanors, unless time is waived. |
Step 5: Pretrial motions and trial
Much of a criminal case happens before trial: reviewing reports, video, and lab results, investigating, and filing motions, such as a motion to suppress evidence from an unlawful search. A case may resolve through dismissal, reduced charges, eligible diversion, or a plea, or go to a jury trial, where the prosecution must prove guilt beyond a reasonable doubt.
Speedy-trial deadlines are generally 60 days after arraignment on an information for felonies, and 30 or 45 days for misdemeanors (Penal Code § 1382). Defendants often waive time so counsel can prepare.
What a family member can do
- Find the person. The sheriff's Inmate Locator shows where they are held and booking details, and is used to schedule visits.
- Track court dates. Keep the booking number and, once filed, the case number, and follow hearings on the Superior Court website.
- Gather documents showing work, residence, and family responsibilities. They can matter at a bail or OR hearing.
- Call a defense lawyer early, ideally before arraignment.
Common questions after an arrest
How long can they hold you without charges in San Bernardino?
A person in custody must be brought before a judge without unnecessary delay and within 48 hours after arrest, not counting Sundays and holidays (Penal Code § 825). If no charges are filed by then, the person is generally released, though the District Attorney can still file charges later.
How is bail set in San Bernardino County?
Before seeing a judge, bail usually follows the warrant or the San Bernardino County bail schedule, which the court's judges revise each year. At arraignment, the judge can change or deny bail or grant OR release, weighing public safety, the charge, prior record, likely appearance, and ability to pay.
What happens at arraignment in San Bernardino?
The judge informs you of the charges, addresses whether you have a lawyer, takes your plea, and decides release and bail. Many cases are heard at the Criminal Division at 247 West Third Street, and some in-custody defendants appear by video from the jail. Having counsel there matters for the release argument.
Can I be released without paying bail?
Sometimes. A judge may grant own-recognizance release on a promise to appear, often with conditions. For misdemeanors, OR release is the rule unless the court makes specific findings. Under In re Humphrey, courts must also consider whether a person can afford the bail amount set.
How do I find out if someone is in the San Bernardino County jail?
Use the San Bernardino County Sheriff's online Inmate Locator. It shows where a person is held and booking details, and is used to schedule visits. Write down the booking number. It helps when you call a lawyer.
What is a preliminary hearing?
In a felony case, a judge decides at the preliminary hearing whether there is enough evidence for trial. It is generally held within 10 court days of arraignment unless time is waived or good cause is shown, and it lets the defense question witnesses and test the evidence early.
Do charges get dropped after an arrest?
Sometimes. The District Attorney may file different or fewer charges than the booking charges, or none. After filing, charges can be dismissed or reduced because of evidence problems, successful motions, or negotiation. No one can predict this without reviewing the specific case.
Talk to a lawyer before the first court date.
James M. Glick has practiced criminal defense since 1974, and about 99% of his cases are in San Bernardino County. If you or a family member has been arrested, call (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.