Knowing what to expect after an arrest in San Bernardino County can help make the criminal legal process a little easier. Here is what happens after you have been arrested.
Once you have been arrested, you will be taken to the police station to be fingerprinted and photographed. You have a right to remain silent, but you will be required to give your name, address, date of birth, height, weight eye color.
After that, one of three things will happen:
- No charges will be filed and you will be released
- You will be required to post bail or will be released based on your promise to appear in court at a later date for arraignment.
- You will stay in jail and a law enforcement will transport you to the court for arraignment.
The arraignment will be your first California court appearance where you will be made aware of the criminal charges against you. You may then enter your plea of:
- Not guilty
- No contest (FYI, refer to our article on "No Contest" Pleas in California DUI cases)
In California misdemeanor cases, if you are in custody at the time of the arraignment, your trial must start within 30 days of arraignment or plea, whichever is later. If you are not custody at the time of the arraignment, your trial must start within 45 days of arraignment or plea, whichever is later.
In a felony case, your trial must start within 60 days of your arraignment. There may be circumstances where your defense attorney may recommend a court trial without a jury. However, you have a right to have a jury of your peers decide your guilt or innocence. The prosecutor has the responsibility to prove your guilt to the jury beyond a reasonable doubt.
If you are found not guilty by the jury, you will be released, never to be tried again for the same offense. The arrest will still show on your record, in addition to the acquittal. If you are found guilty, you will then be sentenced. You do have the right to appeal the verdict.
For more information related to the rules in criminal cases, read the California Rules of Court, Title 4. If you have been arrested in the San Bernardino California area and need legal counsel, contact us.