When someone faces criminal charges in San Bernardino, a common question is what a defense attorney actually does beyond appearing in court. The full answer covers far more than most people expect, and most of the work happens long before any courtroom appearance.
A dedicated criminal defense attorney who has spent years inside San Bernardino County's court system understands how local prosecutors build cases, what evidence they rely on, and where the defense has the most leverage. Here is what that work looks like at every stage of a case.
What We Do From the Moment You Contact Us
The work starts before any formal engagement is signed. When a client reaches out, the immediate focus is on the charge, the arrest circumstances, any court dates already scheduled, and whether there is time pressure, such as an arraignment in 48 hours or a DMV hearing window closing.
An arraignment is the first court appearance after charges are filed, where the judge reads the charges, the defendant enters a plea, and bail is addressed. Decisions made at arraignment shape how the rest of the case proceeds, and having an attorney present rather than appearing alone protects options from the start. Immediate practical guidance matters too: do not speak to law enforcement without an attorney present, regardless of how informal the conversation appears.
Investigation: Building the Defense Before Any Hearing
Much of what a criminal defense attorney does happens before any court date. The case is investigated independently, not solely on the basis of the police report.
That investigation includes reviewing the arrest report and any available body camera footage; identifying witnesses who do not appear in the police account; examining the chain of custody for physical evidence; looking for inconsistencies between officer testimony and documentation; and assessing the legal basis for any stop, search, or arrest. Tammy Higgins spent 17 years as a Public Defender inside San Bernardino County's court system and understands how local prosecutors make charging decisions and how local courts evaluate specific types of evidence.
Motions Practice: Challenging Evidence Before Trial
A significant portion of criminal defense work happens through pretrial motions. A motion to suppress under Penal Code 1538.5 asks the court to exclude evidence obtained through an unlawful search or seizure. A motion to dismiss challenges whether the prosecution has sufficient evidence to proceed.
Winning a suppression motion can eliminate the prosecution's key evidence entirely. In drug cases, suppressing seized substances through a motion challenging an unlawful search can result in the dismissal of the entire case. Motions are filed when the law and the facts support them, not as procedural formalities but as substantive defense tools.
Negotiation: Pursuing the Best Available Outcome
Most criminal cases in San Bernardino County resolve through negotiation rather than trial. That does not mean accepting whatever the prosecutor offers. It means advocating for the best available outcome based on the strength of the defense, the weaknesses in the prosecution's case, and the realistic range of outcomes in that particular court.
Effective negotiation comes from preparation. A defense attorney who has investigated the facts, filed appropriate motions, and is visibly ready to go to trial negotiates from a position that an unprepared attorney cannot match. One client came in after a prior attorney recommended accepting a 6-year sentence with a strike. After the case was reviewed independently and favorable evidence was identified, the prosecutor offered time served with no strike. Preparation changes what outcomes are achievable.
Diversion: Alternative Pathways That Avoid a Conviction
For clients whose circumstances point toward a legal alternative to standard prosecution, including a qualifying mental health condition, military service history, or a first-time drug offense, a meaningful part of the work involves evaluating and pursuing diversion programs.
Diversion can result in charges being dismissed entirely after the defendant completes a court-approved program. For eligible clients, that outcome is consistently better than any negotiated plea. Diversion eligibility is evaluated at the beginning of every case before any procedural choices narrow the available pathways.
Post-Conviction Relief: When the Case Does Not End at Conviction
California has significantly expanded post-conviction relief options in recent years, and many people with prior convictions now have options they did not have before.
Expungement under PC 1203.4 and the expanded provisions of SB 731, which took effect in January 2023 and extended eligibility for felony expungement, allow many defendants to clear their records after completing their sentences. The Racial Justice Act under Penal Code 745 allows challenges to convictions or sentences where racial bias played a role in prosecution or sentencing. Re-sentencing petitions apply where changes in California law affect the validity or length of an existing sentence.
The Full Range of Criminal Defense in San Bernardino
A criminal defense attorney in San Bernardino does not just appear in court and argue. The work spans investigation, motions practice, negotiation, diversion advocacy, trial preparation, trial itself when necessary, and post-conviction relief.
Every case requires a strategy built around its actual facts, and that strategy gets built from day one rather than the morning of the first hearing. Tammy Higgins 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. Confirmed outcomes include murder charges dismissed at preliminary hearing, not guilty verdicts across murder, domestic violence, and gun charge cases, and the conversion of a 6-year plea recommendation into time served with no strike. Free confidential consultations are available 24/7 at (949) 226-7602.
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