Arrested in Fontana or Rialto? What to Expect at the Fontana Courthouse

Q: How long after a Fontana arrest will charges be filed?

Anywhere from a few days to several months. If you are in custody, Penal Code section 825 requires an appearance within 48 hours, excluding Sundays and holidays. If you were cited and released, the District Attorney has until the statute of limitations runs, generally one year for a misdemeanor under Penal Code section 802 and three years for most felonies under Penal Code section 801, and the court will mail a notice when the case is filed.

Q: Can I get my Fontana case dismissed through diversion?

Possibly, if the charge qualifies. Misdemeanor diversion under Penal Code section 1001.95 is available for many misdemeanors at the judge's discretion, and mental health diversion under Penal Code section 1001.36 can apply to qualifying felonies and misdemeanors. Domestic violence charges and DUI charges are excluded from those programs, and successful completion results in dismissal rather than a conviction.

Q: What happens if I miss my court date in Fontana?

The judge will issue a bench warrant under Penal Code section 978.5, and a misdemeanor failure to appear can be charged under Penal Code section 1320. Bail may be forfeited and the DMV may be notified in traffic and DUI cases. The fastest fix is to have a lawyer place the case on calendar to recall the warrant before you are arrested on it.

Q: Should I hire a private lawyer or use the Public Defender?

Either choice is far better than going alone. The Public Defender's office in San Bernardino County handles heavy caseloads at the Fontana courthouse and is appointed only if you qualify financially. A private lawyer can start before charges are filed, handle the DMV hearing in a DUI case, and give the matter more individual attention. Flat-fee criminal defense pricing lets you know the cost up front.

Daniel Gramling, Esq.

6 hours ago

11 min read

The short answer: if you were arrested in Fontana, Rialto, Bloomington, or the surrounding west end of San Bernardino County, your case will usually be filed by the San Bernardino County District Attorney and heard in the San Bernardino County Superior Court, with many misdemeanor and traffic cases assigned to the Fontana courthouse and many felony matters routed to the San Bernardino Justice Center or the Rancho Cucamonga courthouse. Your first court date is the arraignment. What you do between the arrest and that date, including staying quiet with police, calendaring the court date, and getting a lawyer involved early, has more effect on the outcome than most people realize. This guide walks through the process step by step so you know what is coming.

Which Courthouse Handles Fontana and Rialto Criminal Cases?

The Fontana courthouse serves the west end of San Bernardino County. The San Bernardino County Superior Court assigns cases by district, and arrests by the Fontana Police Department, the Rialto Police Department, and the San Bernardino County Sheriff in Bloomington and nearby unincorporated areas commonly land at the Fontana courthouse for misdemeanor and traffic matters. Felony cases from the same cities are frequently arraigned or heard at the San Bernardino Justice Center in downtown San Bernardino or the Rancho Cucamonga courthouse, depending on the charge and the court's current calendar assignments. The court moves calendars between locations from time to time, so confirm the courthouse printed on your citation, release paperwork, or notice to appear, and check the San Bernardino County Superior Court website before you drive anywhere.

Read the paperwork you were handed. If you were cited and released, the citation lists the courthouse and a date. If you were booked and released on bail or on your own recognizance, the release form does the same. If you posted bail through a bondsman, the bond paperwork will also show the court. When the paperwork says "to be notified" or gives a date that later changes, the District Attorney may file the case weeks or months after the arrest, and the court will mail a notice to the address you gave at booking. Keep that address current with the court and the bail agent, and read our guide on how to prepare for your first court date in San Bernardino.

Who prosecutes the case. Fontana and Rialto do not run their own criminal prosecution offices for state crimes, so the San Bernardino County District Attorney files both misdemeanors and felonies arising from arrests in those cities. A filing deputy reviews the police report and decides whether to file the charges the officer wrote on the booking sheet, file different charges, or reject the case. Our article on what prosecutors look at before filing criminal charges explains that screening process. The Public Defender's office also has a presence at each courthouse and will be appointed at arraignment if you qualify and do not retain private counsel.

What Happens After an Arrest in Fontana or Rialto?

Booking and the jail. After an arrest, most people from Fontana, Rialto, and Bloomington are booked at or transferred to West Valley Detention Center in Rancho Cucamonga, which is the county jail serving the west end. Booking includes fingerprinting, photographs, a records check for warrants and holds, and an intake screening. For many misdemeanors, the arresting agency or the jail can release you on a written promise to appear under Penal Code section 853.6, which means a citation with a court date rather than a stay in custody. Felony arrests and certain misdemeanors, including most domestic violence arrests, typically mean you remain in custody until you post bail or see a judge.

The 48-hour rule. If you stay in custody, Penal Code section 825 requires that you be taken before a magistrate without unnecessary delay and in no more than 48 hours after arrest, excluding Sundays and holidays. The United States Supreme Court set the same outer limit for a probable cause determination in County of Riverside v. McLaughlin (1991) 500 U.S. 44. In practice, an in-custody arrest on a Friday night in Fontana can mean an arraignment on Tuesday. If the District Attorney has not filed charges by the time the deadline runs, the jail releases you, but the case can still be filed later within the statute of limitations, which is generally one year for misdemeanors under Penal Code section 802 and three years for most felonies under Penal Code section 801.

Bail and release. San Bernardino County uses a bail schedule, but since In re Humphrey (2021) 11 Cal.5th 135 a judge may not keep someone in custody solely because they cannot afford the scheduled amount without first considering ability to pay and nonfinancial conditions of release. Penal Code section 1270 creates a presumption of release on your own recognizance for most misdemeanors, and Penal Code section 1275 makes public safety the primary consideration when a judge sets bail on a felony. Our companion guide on how bail works in San Bernardino County covers bondsmen, bail reductions, and release conditions in detail.

Do not talk your way into a worse case. The most common mistake we see in Fontana and Rialto arrests is the statement given in the patrol car, at the station, or in a follow-up phone call from a detective. Anything you say can be used against you, and the invocation of your rights under Miranda v. Arizona (1966) 384 U.S. 436 must be clear and unambiguous to stop questioning. Read understanding your rights when questioned by police and can I talk my way out of criminal charges before you speak to anyone about the case, including on recorded jail phone lines.

What Happens at Arraignment at the Fontana Courthouse?

Arraignment is the first court date, not the trial. At arraignment the judge tells you the charges, confirms you have a lawyer or appoints the Public Defender, takes your plea, and addresses release conditions. Penal Code section 988 sets out the reading of the complaint, and Penal Code section 977 allows a private attorney to appear on your behalf for most misdemeanors without you being present, although felony arraignments and domestic violence arraignments generally require your personal appearance. Nearly every defense lawyer enters a not guilty plea at arraignment because pleading guilty on the first day gives up discovery, motions, and negotiation. Our guide on what happens at arraignment in Riverside County describes the same steps from the neighboring county.

Protective orders and release conditions. In domestic violence, assault, and threats cases, the prosecutor will ask the judge at arraignment for a criminal protective order under Penal Code section 136.2 on form CR-160, which can bar all contact with the alleged victim, including through third parties and social media, and require you to move out of a shared home. The order also triggers firearm restrictions. Violating it is a separate crime under Penal Code section 273.6, and it is the single most common way defendants in Fontana domestic violence cases turn one charge into two. Read our sister guide on criminal protective orders under Penal Code 136.2 before your court date.

Discovery and the next date. After the plea, the judge sets a pretrial conference for a misdemeanor or a preliminary hearing setting for a felony. The prosecutor must turn over the police reports, witness statements, body camera footage, and other evidence under Penal Code section 1054.1, although in practice the first packet handed over at arraignment is often only the face sheet and the arrest report. Our articles on what happens at a pretrial conference and what actually happens at a preliminary hearing explain what follows.

Common Charges From Fontana and Rialto Arrests

DUI on the 10, the 15, and Sierra Avenue. DUI arrests by the CHP on the 10 and 15 Freeways and by Fontana and Rialto officers on surface streets are among the most common cases on the west end calendars. The charges are usually Vehicle Code section 23152, subdivision (a) and subdivision (b). The DMV side of the case is separate from the court case: you have only 10 days from the arrest to request an administrative hearing to contest the license suspension under Vehicle Code section 13558, and missing that window means the suspension takes effect automatically. Read how the DMV hearing works after a DUI and do I need a lawyer for a first DUI, and see our Riverside County DUI defense page for how these cases are defended.

Domestic violence. Domestic violence arrests are usually charged as domestic battery under Penal Code section 243, subdivision (e)(1), a misdemeanor, or corporal injury under Penal Code section 273.5, a wobbler that can be filed as a felony. Both carry the protective order discussed above, and a conviction on either brings a mandatory batterer intervention program under Penal Code section 1203.097. Our guides on domestic battery under Penal Code 243(e)(1) and corporal injury under Penal Code 273.5 walk through the elements and defenses, and how a domestic violence arrest affects child custody covers the family court side.

Theft, drugs, and weapons. Shoplifting from the retail corridors along Sierra Avenue and Foothill Boulevard is typically charged under Penal Code section 459.5 or Penal Code section 484. Simple drug possession under Health and Safety Code section 11350 or Health and Safety Code section 11377 is usually a misdemeanor, while possession for sale is a felony. Firearm cases, including possession by a prohibited person under Penal Code section 29800, are treated seriously by San Bernardino County prosecutors and rarely receive an early offer without a defense presentation. See what happens if you get caught shoplifting and is drug possession a felony in California.

Probation violations and warrants. Many Fontana courthouse calendars are filled with people who missed a court date or a probation condition. A missed appearance leads to a bench warrant under Penal Code section 978.5 and, for a misdemeanor, a new failure to appear charge under Penal Code section 1320. The right move is to have a lawyer calendar a voluntary appearance to recall the warrant before you are picked up on a traffic stop. Read what happens if you miss court in California and probation violation hearings at the Victorville courthouse, which describes the same process elsewhere in the county.

How Plea Offers and Diversion Work in San Bernardino County

The first offer is rarely the last. In misdemeanor cases the deputy district attorney usually makes an initial offer at or shortly after arraignment. That offer is built from the police report alone and reflects the office's standard disposition for that charge. It typically improves once the defense obtains the body camera footage, points out proof problems, or presents mitigation such as counseling enrollment, restitution, or a clean record. Our guide on should you take a plea deal explains how to evaluate an offer, and what makes a criminal case weak explains what leverage looks like.

Diversion can end a case without a conviction. Judges in San Bernardino County have discretion to grant misdemeanor diversion under Penal Code section 1001.95 over the prosecutor's objection for most misdemeanors, with exclusions that include domestic violence and certain other offenses. Mental health diversion under Penal Code section 1001.36 and military diversion under Penal Code section 1001.80 are also available for qualifying defendants. DUI charges are excluded from diversion by Vehicle Code section 23640. Read how misdemeanor diversion works and how mental health diversion works for eligibility details.

Motions that change the case. When a stop or search in Fontana or Rialto was unlawful, a motion to suppress under Penal Code section 1538.5 can remove the evidence and end the case. When the prosecution is not ready within the time limits of Penal Code section 1382, the case can be dismissed. Felony defendants also have a preliminary hearing within 10 court days of arraignment under Penal Code section 859b unless time is waived, and a felony wobbler can be reduced to a misdemeanor under Penal Code section 17, subdivision (b). See what is a 1538.5 motion, how to get criminal charges dismissed, and how to reduce a felony to a misdemeanor.

Mistakes to Avoid After a Fontana or Rialto Arrest

Contacting the alleged victim. In domestic violence and assault cases, a text, a call, or a message passed through a friend after the emergency protective order or criminal protective order issues is a new crime and destroys your credibility with the judge. Let your lawyer handle any communication about the case.

Missing the court date. A missed arraignment at the Fontana courthouse converts a manageable case into a warrant, a possible bail forfeiture, and a new charge. If you cannot make the date, a lawyer can usually appear for you on a misdemeanor under Penal Code section 977 or request a continuance in advance.

Posting about the case. Social media posts, photos, and messages are routinely pulled by investigators and prosecutors. Read can the police use your text messages against you before you post or delete anything, because deleting evidence can create its own problems.

Waiting to hire counsel. The period between arrest and the filing decision is when a defense lawyer can sometimes persuade the filing deputy to reject or reduce the case, preserve surveillance video before it is overwritten, and line up the DMV hearing in a DUI case. Our article on arrested last night in the Inland Empire lists what to do in the first 72 hours.

Frequently Asked Questions

Where will my case be heard if I was arrested in Fontana?

Usually at the Fontana courthouse for misdemeanors and traffic matters, and often at the San Bernardino Justice Center or Rancho Cucamonga courthouse for felonies. The San Bernardino County Superior Court assigns cases by district and charge type, and the assignment printed on your citation or release paperwork controls. Check the court's website for the current calendar locations before your date.

How long after a Fontana arrest will charges be filed?

Anywhere from a few days to several months. If you are in custody, Penal Code section 825 requires an appearance within 48 hours, excluding Sundays and holidays. If you were cited and released, the District Attorney has until the statute of limitations runs, generally one year for a misdemeanor under Penal Code section 802 and three years for most felonies under Penal Code section 801, and the court will mail a notice when the case is filed.

Do I have to appear in person at the Fontana courthouse?

For most misdemeanors, a private attorney can appear for you under Penal Code section 977. Felony arraignments and domestic violence arraignments generally require your personal appearance, in part because the judge must serve a criminal protective order on you under Penal Code section 136.2. Remote appearance options change over time, so confirm current procedures with your lawyer or on the court's website.

Can I get my Fontana case dismissed through diversion?

Possibly, if the charge qualifies. Misdemeanor diversion under Penal Code section 1001.95 is available for many misdemeanors at the judge's discretion, and mental health diversion under Penal Code section 1001.36 can apply to qualifying felonies and misdemeanors. Domestic violence charges and DUI charges are excluded from those programs, and successful completion results in dismissal rather than a conviction.

What happens if I miss my court date in Fontana?

The judge will issue a bench warrant under Penal Code section 978.5, and a misdemeanor failure to appear can be charged under Penal Code section 1320. Bail may be forfeited and the DMV may be notified in traffic and DUI cases. The fastest fix is to have a lawyer place the case on calendar to recall the warrant before you are arrested on it.

Should I hire a private lawyer or use the Public Defender?

Either choice is far better than going alone. The Public Defender's office in San Bernardino County handles heavy caseloads at the Fontana courthouse and is appointed only if you qualify financially. A private lawyer can start before charges are filed, handle the DMV hearing in a DUI case, and give the matter more individual attention. Flat-fee criminal defense pricing lets you know the cost up front.

Talk to a Fontana Criminal Defense Lawyer

Gramling Law Group defends misdemeanor and felony cases at the Fontana courthouse, the San Bernardino Justice Center, the Rancho Cucamonga courthouse, and the Victorville courthouse, and throughout the Inland Empire, Los Angeles County, Orange County, and Southern California. We represent clients from Fontana, Rialto, Bloomington, Colton, Ontario, Rancho Cucamonga, San Bernardino, and Redlands. Daniel Gramling, Esq. offers flat-fee criminal defense and limited-scope options so you know the cost before you commit. Call (909) 654-4575 or contact us through this website for a consultation.

This article is educational and is not legal advice. Reading it does not create an attorney-client relationship. It addresses California law only.