An arraignment is typically the first time a defendant appears before a judge after criminal charges have been filed. It is a short hearing, but the decisions made at arraignment can shape everything that follows, from bail conditions to plea strategy to how the prosecution frames the case going forward.
A proven criminal defense attorney who knows San Bernardino County courts and the judges in those departments approaches arraignment as a strategic moment, not a formality. If you have an arraignment coming up at San Bernardino County Superior Court, here is what to expect and why it matters.
What an Arraignment Is and Why It Matters
An arraignment is the first formal court appearance after charges are filed, where the judge reads the charges, the defendant enters a plea, and bail is addressed. It is not a trial since no evidence is presented and no arguments on guilt are made at this stage. But it is far from a formality.
The decisions made at arraignment affect immediate liberty, meaning whether you go home or stay in custody, and they set the tone for how the case proceeds from that point forward. San Bernardino County Superior Court arraignments in criminal cases are held at the main courthouse at 247 W 3rd Street, San Bernardino, CA 92415. For defendants in custody on felony charges, an arraignment must occur within 48 to 72 hours of arrest. For defendants who were cited and released, arraignment dates are scheduled in the paperwork received at booking.
What Happens at an Arraignment, Step by Step
The charges are formally read first. The judge reads the charges filed and asks if the defendant understands them, which is often the first official, specific notice of exactly what is being alleged under California law.
The defendant then enters a plea. Pleading not guilty at arraignment preserves all available options, and pleading guilty or no contest without having fully reviewed the evidence, understood the charge, and evaluated the available alternatives is almost never advisable absent extraordinary circumstances. Bail is addressed next, as the judge decides whether to release the defendant on their own recognizance, set bail, or remand them to custody. Prosecutors frequently request high bail on felony charges, and a defense attorney can argue for reduced bail or release based on community ties, employment status, lack of prior record, and the nature of the charges. Future court dates are also set at arraignment, with misdemeanor cases typically moving to a pre-trial conference and felony cases moving to a preliminary hearing.
Why Having an Attorney at Arraignment Changes the Outcome
Many defendants attend their arraignment alone, believing it is just a procedural step. The bail hearing at arraignment is not a procedural step. The conditions of release, including whether you can go home, maintain employment, and move freely, are determined here.
An attorney at arraignment argues for reduced bail using specific facts about your situation and prevents you from making statements in open court that could be used against you later. Arraignment also triggers discovery, which means the prosecution's evidence can be requested immediately and the strength of the case evaluated before any subsequent hearings.
What to Bring and What to Do Before Your Arraignment
If attending arraignment on bail or on your own recognizance, bring any documents related to the arrest, including citation paperwork, bail receipts, and court notices. If an attorney has already been retained, they will appear with you.
If counsel has not yet been retained by the time of arraignment, do not make any substantive statements to the prosecutor before or after the hearing. You have the right to request a continuance to obtain counsel, and exercising that right is always preferable to proceeding without representation.
What Comes After Arraignment
In misdemeanor cases, the next hearing is typically a pre-trial conference where discovery is exchanged and plea negotiations may begin. In felony cases, the next step is usually a preliminary hearing where the prosecution presents its evidence and the defense has an opportunity to challenge it.
A skilled defense attorney can use the preliminary hearing to expose weaknesses in the prosecution's case and, in some cases, secure a dismissal before the case ever reaches trial. Having an attorney who knows San Bernardino County courts, the prosecutors in that building, and the judges in those departments makes a practical difference in how the case moves.
How We Approach Arraignments in San Bernardino County
Tammy Higgins spent 17 years as a California Public Defender, including in San Bernardino County courts. She understands arraignment not just as a procedural step but as a strategic moment with real consequences, and has appeared in these courtrooms regularly enough to know what arguments carry weight with local judges on bail, plea, and scheduling matters.
Arraignment preparation covers reviewing the available facts of the arrest, developing bail arguments tailored to the specific situation, and positioning the case for the next stage. The earlier the representation begins, the more can be done before walking into that courtroom. Tammy is death penalty qualified in California, licensed with the State Bar since 2006 with no disciplinary actions, and has tried over 100 criminal jury trials to verdict, including 12 or more homicide cases. The firm holds a 4.9-star rating across 77 Google reviews. Contact us for a free confidential consultation available 24/7 at (949) 226-7602.
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