After an Arrest: San Bernardino Superior Court Process

Written by Kirk Tarman, Criminal Defense Attorney – 25+ Years Experience in Southern California

Being arrested in San Bernardino County can feel overwhelming—especially if you’ve never been through the court system before. Most people immediately ask:

Do I have to go to court?
What happens at my first appearance?
Can a lawyer go for me?

If your case is filed in the San Bernardino County Superior Court, understanding the process early can help you avoid costly mistakes and protect your future.

What Happens After an Arrest in San Bernardino County?

After an arrest, your case follows a structured legal process. Knowing each stage gives you a strategic advantage.

Arrest and Booking

After an arrest, you may be taken into custody for booking, which includes:

Fingerprinting
Photographs
Processing into the system

Arrest Process Guide in San Bernardino County

Experience Insight:
Many cases are impacted early because individuals try to explain their situation to law enforcement. Anything you say can be used against you.

Review by the District Attorney

After booking, your case is submitted to the District Attorney for review.

Important:
In San Bernardino County, the District Attorney’s office may be backlogged, which can delay the filing of charges.

This creates a critical window of opportunity.

During this time, a criminal defense attorney can:

Contact the District Attorney before charges are filed
Present evidence or mitigating factors
Potentially prevent charges or reduce their severity

⏱ Statute of Limitations in California

Misdemeanors: Generally 1 year
Felonies: Typically 3 years or more (some have no limit)

Early intervention during this stage can significantly impact the outcome of your case.

Release Scenarios After Arrest

Your release status determines what happens next:

✔ Released with a Citation (Common for Misdemeanors)

You are given a future court date
You are released without posting bail
In many cases, a private attorney can appear on your behalf

✔ Released on Bail

You post bail and are released
You must appear at a bail arraignment
Missing court can result in a warrant and loss of bail

✔ Held in Custody

You remain in custody until your court date
Your case proceeds quickly to arraignment

How Long Does the District Attorney Have to File Charges?

If you are in custody:

You must be brought before a judge within 48 hours of arrest (excluding weekends and holidays)
This is typically your arraignment

If charges are not filed within that time:

You may be released from custody
Charges can still be filed later within the statute of limitations

Where Will Your Court Case Be Held?

Most criminal cases in San Bernardino County are handled by the San Bernardino County Superior Court at one of the following locations:

Rancho Cucamonga Superior Court (San Bernardino Justice Center)
San Bernardino Justice Center (Downtown San Bernardino)
Victorville District Court (High Desert)
Joshua Tree District Court (Morongo Basin)

The courthouse assigned to your case depends on:

The location of the arrest
The type of charge
The filing decision by the District Attorney

Each courthouse has different procedures, departments, and scheduling, so confirming your location early is critical.

What Is Your First Court Date? (Arraignment Explained)

Your first court appearance is called an arraignment.

At the arraignment:

The judge informs you of the charges
You enter a plea (usually “not guilty”)
Bail or release conditions are addressed
Future court dates are scheduled.

In many misdemeanor cases, your attorney can appear for you. Arraignment procedures you can read

Do You Have to Go to Court in Person?

You MAY NOT need to appear if:

Your case is a misdemeanor
You hire a private attorney early
The court allows attorney appearance

You WILL need to appear if:

Your case is a felony
The judge requires your presence
You do not have an attorney

What Happens If You Miss Your Court Date

Missing a court date can lead to serious consequences:

Bench warrant for your arrest
Additional criminal charges
Bail forfeiture
Driver’s license issues

Resolving a missed court date quickly can prevent further complications.

Can You Avoid Charges Before Court?

Depends, early legal intervention can make a major difference.

A defense attorney can:

Contact the District Attorney before charges are filed
Present evidence early
Work to prevent or reduce charges

This is especially important in:

How Long Does the Court Process Take?

Every case is different, and timelines can vary depending on the strategy and evidence involved.

Misdemeanors

In our office, misdemeanor cases can take several months to over a year, depending on the defense strategy.

We take a more thorough approach than firms that resolve cases quickly without fully exploring all options. Our goal is not just to accept the first offer—but to evaluate every opportunity to improve the outcome for our clients.

Felonies

Felony cases in our office typically take 6 months or longer, depending on the complexity of the case and the strength of the evidence.

Our approach is strategic and results-driven:

First, we analyze whether the case can be dismissed
If not, we work to have the charges reduced (often to a misdemeanor)
When appropriate, we pursue diversion programs to avoid long-term consequences

Factors That Affect Case Timeline

Complexity of the case
Review and analysis of evidence
Negotiations with the prosecution
Court scheduling and procedures

What Should You Do Immediately After an Arrest?

Do:

Remain silent
Ask for an attorney
Document what happened

Do NOT:

Speak to police without a lawyer
Discuss your case with others
Post on social media

Frequently Asked Questions

Do I have to go to court after being arrested in San Bernardino?

In many misdemeanor cases, a private attorney can appear on your behalf, meaning you may not need to go to court.

How long does the DA have to file charges in California?

If you are in custody, you must be brought before a judge within 48 hours. However, charges can still be filed later within the statute of limitations.

What happens at an arraignment?

At an arraignment, you are informed of the charges, enter a plea, and receive future court dates.

What happens if I miss court?

Missing court can result in a warrant, additional charges, and loss of bail.

Why Hiring a Criminal Defense Attorney Early Matters

The earlier an attorney gets involved, the more options you have.

Early representation allows:

Pre-filing intervention
Court appearance on your behalf
Stronger defense strategy

Speak With a San Bernardino Criminal Defense Attorney

If you or a loved one has been arrested and must appear in San Bernardino Superior Court, acting early can significantly impact your case.

Call today to The Law Offices of Kirk Tarman & Associates to protect your rights and understand your options.