Getting arrested in San Bernardino County starts a process most people have never experienced before. It is not a single event. It is a sequence of hearings, deadlines, and procedural stages that can run for months or more than a year before a trial ever takes place, if one takes place at all. The terminology alone is disorienting: arraignment, preliminary hearing, 1538.5 motion, pretrial conference. None of those phrases mean much to someone whose family member just called from county jail.
This guide explains each stage in practical terms. We handle criminal defense in San Bernardino and throughout the county, and one of the first things we do with every new client is walk through exactly what comes next and what each stage means for their case.
Arrest, Booking, and the First 48 to 72 Hours
After an arrest, the person is taken to a county jail facility and booked. Booking means fingerprints, photographs, and entry into the system. A criminal history check runs automatically. Any outstanding warrants surface during this process, which sometimes results in additional holds beyond the original charge.
Once booked, a person either posts bail and is released to wait for their first court date, or they remain in custody. Bail amounts follow a county schedule, and for more serious felony charges, a judge must review the bail amount at a hearing before it can be modified. These first hours matter more than most people realize. What a person says to law enforcement during and after the arrest can affect the entire case. Getting an attorney involved before speaking to police is not just a formality. It is one of the most concrete things a defendant can do to protect their position.
Arraignment
The arraignment hearing is the first formal court appearance. It happens within 48 hours of booking for people in custody, or within a few weeks for those who posted bail. The charges are formally read. The defendant is asked to enter a plea: guilty, not guilty, or no contest.
In nearly every case, the right plea at arraignment is not guilty. Entering a not guilty plea does not commit anyone to going to trial. It simply preserves every available option going forward, including a negotiated resolution. Entering a guilty plea at arraignment gives up all of those options without reviewing any evidence or having any opportunity to challenge the charges. We appear with clients at arraignment in San Bernardino Superior Court and in courts across the county, including divisions handling cases out of Fontana, Victorville, and Rancho Cucamonga.
The Preliminary Hearing in Felony Cases
For felony charges, California law requires a preliminary hearing before the case can move toward trial. The judge at a preliminary hearing determines whether the prosecution has shown probable cause: enough evidence to reasonably believe a crime was committed and that this defendant committed it. The standard here is significantly lower than what a jury would need to see at trial.
Even so, preliminary hearings are strategically important. They are the first time the defense can challenge the prosecution's evidence in open court, cross-examine witnesses under oath, and sometimes get charges reduced or dismissed outright. Tammy Higgins has tried more than 100 jury trials, including homicide cases. She approaches preliminary hearings with the same preparation she brings to trial, because the record built at a preliminary hearing, what witnesses say, what evidence is established, often shapes the entire strategy going forward.
Pre-Trial Motions
After the preliminary hearing and before any trial date, both sides file pre-trial motions. For the defense, the most significant category is suppression motions under PC 1538.5. These challenge whether the evidence against the defendant was obtained lawfully. Physical evidence found during an unlawful search, statements taken in violation of Miranda rights, or identifications obtained through improper procedures can all be the subject of a suppression motion.
A successful suppression motion does not just weaken the prosecution's case. In many cases, it ends the case entirely. Without the physical evidence or the key statements, the prosecution often has nothing left to work with. Pre-trial work also includes motions to dismiss for insufficient evidence, motions to exclude prior convictions from the jury's consideration, and motions to limit the scope of what the prosecution can present. We handle pre-trial work thoroughly across all charge types, from domestic violence defense and drug charges to homicide defense.
Trial: From Jury Selection Through Verdict
Cases that reach trial start with jury selection. Both sides question prospective jurors and can remove those who seem unable to be fair. In serious felony cases, jury selection alone can take several days. Opening statements follow, with the prosecution presenting first. The prosecution then puts on its case through witnesses and physical evidence, and the defense cross-examines each prosecution witness. After the prosecution rests, the defense may call its own witnesses and introduce its own evidence.
Closing arguments give each side the chance to summarize the evidence and argue their interpretation. The jury deliberates privately. A criminal conviction in California requires a unanimous verdict from all 12 jurors. If the jury cannot agree, the court declares a mistrial, and the prosecution can choose to retry the case from the beginning.
Sentencing and What Comes After
A guilty verdict or guilty plea leads to sentencing. In serious felony cases, a probation officer prepares a report and both sides are heard before the judge imposes sentence. California sentencing involves the base term for the offense, any enhancements, and the defendant's prior criminal history. The sentence may be probation, county jail time, or state prison, depending on the offense and the record.
The case does not necessarily end at sentencing. Expungement under PC 1203.4 is available for many convictions once probation is completed. Resentencing under AB 600 provides a pathway for people serving sentences that are no longer proportional under current law. The Racial Justice Act under AB 256 allows challenges to convictions and sentences where race, ethnicity, or national origin played a role in how the case was handled. Tammy Higgins spent 16 years as a San Bernardino County public defender, handling criminal cases at every one of these stages before opening this firm. The post-conviction work she does today draws directly on that institutional knowledge of how the system operates from the inside.
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