Arrested Last Night in the Inland Empire? What to Do Now
Updated: Sep 6
If you were arrested last night in the Inland Empire, the things to do right now are: get released, if you have not been already, on the least burdensome terms available; find your court date and write it down; stop talking about what happened to anyone but a lawyer; preserve every piece of evidence you can reach; if the arrest was for DUI, request a DMV hearing within 10 days; and hire a criminal defense attorney before your arraignment rather than after. This article explains each step and what is happening behind the scenes with the police report and the prosecutor's filing decision in Riverside County and San Bernardino County.
Getting Out of Custody: Cite and Release, Bail, and OR
What happens after booking depends on the charge. For many misdemeanors, you are cited and released from the station or the jail with a written promise to appear. The citation or release form lists a court date and a courthouse. Keep that paper. If you were released this way, you are not on bail and there is no bond to worry about, but the promise to appear is enforceable and a failure to appear will result in a bench warrant.
For more serious misdemeanors and for felonies, the jail sets bail according to the county bail schedule. In Riverside County, arrestees are typically held at the Robert Presley Detention Center in Riverside, the Cois Byrd Detention Center in Murrieta, the John Benoit Detention Center in Indio, or the Larry D. Smith Correctional Facility in Banning. In San Bernardino County, the main facilities are the West Valley Detention Center in Rancho Cucamonga, the High Desert Detention Center in Adelanto, and the Central Detention Center in San Bernardino. Each jail has a booking and inmate information line that family members can call to confirm custody status, charges, and bail amount.
You have three ways out. You can post the full bail amount in cash with the jail, which is returned at the end of the case if you make all appearances. You can hire a bail bond agent, who posts a bond in exchange for a nonrefundable premium, typically a percentage of the bail amount, and who may require collateral and a cosigner. Or you can wait for arraignment, where a judge will decide whether to release you on your own recognizance, reduce bail, or impose supervised release conditions.
That third option matters more than it used to. Since In re Humphrey (2021) 11 Cal.5th 135, judges must consider your ability to pay and whether non-financial conditions would protect the public and ensure your return before holding you on bail you cannot afford. Both Riverside and San Bernardino Counties have pretrial services programs that assess arrestees and recommend release conditions. If bail is high and you have counsel, it is often worth waiting a day or two for arraignment rather than paying a bond premium you will never get back. If you are in custody, a defense attorney can also file a bail motion and gather the employment records, letters, and treatment enrollment that make an OR argument persuasive.
Your First Court Date and Where It Will Be
If you were released from custody, your arraignment date is on your citation or your bail paperwork. If you are still in custody, arraignment happens within 48 hours of arrest, excluding weekends and holidays. The courthouse depends on where the arrest occurred. In Riverside County, cases from the Riverside metro area go to the Hall of Justice in downtown Riverside, cases from the southwest county go to the Southwest Justice Center in Murrieta, and cases from the Coachella Valley go to the Larson Justice Center in Indio. In San Bernardino County, cases are heard at the San Bernardino Justice Center, the Rancho Cucamonga courthouse, the Victorville courthouse, the Fontana courthouse, or the Joshua Tree courthouse, depending on the arresting agency's location.
Confirm the date and the courtroom before you go. Court dates on citations are sometimes changed, and in some cases the prosecutor has not filed charges by the listed date. You can check the online case index for the Superior Court of Riverside County or San Bernardino County a few days before the date. If no case appears, call the clerk or have your attorney confirm. If you show up and there is no filing, ask the clerk to note that you appeared. A late filing can still happen within the statute of limitations, and if it does you will typically receive a notice by mail, which is one reason to make sure the address on your citation is correct.
Do Not Discuss the Case With Anyone but Your Lawyer
Do not call or text the alleged victim, even to apologize or ask what they told the police. In domestic violence and assault cases, contact can violate an emergency protective order that was issued at the scene, and can be charged separately as dissuading a witness under Penal Code section 136.1. Do not post about the arrest on social media or message friends about it. Investigators and prosecutors do look. Do not discuss the facts on a jail phone; every call is recorded, and prosecutors routinely obtain and play those recordings. Do not talk to a detective who calls in the days after your release to get your side. Politely say that you have retained or are retaining counsel and that your attorney will contact them.
If police want to interview you and you have not yet invoked your rights, do so clearly: I am going to remain silent and I want a lawyer. Questioning must stop. If you already gave a statement at the scene or at the station, tell your attorney exactly what you said as best you remember it. Statements obtained in violation of Miranda or through coercion can be suppressed, but only if your attorney knows to look.
Preserve Evidence Now, Because It Disappears Fast
Save every text message, voicemail, email, and social media exchange with the alleged victim or witnesses, going back well before the incident. Do not delete anything, even messages that seem bad for you; deleting can be characterized as destruction of evidence, and your attorney needs the full picture. Back up your phone. Screenshot messages with timestamps visible.
Photograph any injuries you have, with the date visible, and get medical attention if you were hurt, both for your health and because medical records document what happened. Photograph the scene if you can lawfully return to it, including lighting, sightlines, and anything that has changed.
Write down, today, the names and contact information of everyone who was present or who spoke with you shortly before or after. Memories fade and people move. Then write down your own account of what happened, in detail, and give it only to your attorney. Do not share it with anyone else.
Identify cameras. Gas stations, apartment complexes, bars, and stores near the scene often have surveillance systems that overwrite within days to a few weeks. Your attorney can send preservation letters and, once a case is filed, subpoenas, but only if you tell them where to look while the footage still exists. The same is true of ride-share records, bar receipts, and cell phone location history that might place you somewhere else.
If the Arrest Was for DUI: The 10-Day DMV Deadline
A DUI arrest in California starts two separate proceedings. The criminal case in superior court is one. The other is an administrative per se action by the DMV to suspend your driver's license, and it runs on its own clock. When you were arrested, the officer likely took your license and gave you a pink temporary license, which also serves as notice of suspension. That temporary license is valid for 30 days. Unless you or your attorney requests an administrative hearing from the DMV Driver Safety Office within 10 days of the arrest, the suspension takes effect automatically at the end of the 30 days.
Requesting the hearing preserves your driving privilege while the hearing is pending and gives your attorney an opportunity to obtain the officer's sworn report and challenge the stop, the arrest, or the chemical test result, often before the criminal case has produced any discovery. The 10 days are calendar days and include weekends. Do not wait for your court date; by then the deadline will have passed. A defense attorney handling your DUI case can request the hearing on your behalf, request a stay of the suspension, and appear at the hearing, which is usually conducted by telephone or video with a DMV hearing officer.
How the Police Report and Filing Process Works
A filing deputy reads the report and decides whether there is enough evidence to file, what to charge, and whether to charge a wobbler as a felony or a misdemeanor. In custody cases, this decision is made within a day or two because of the 48-hour arraignment deadline. In out-of-custody cases it may take weeks or months. The deputy may also send the report back to the agency for further investigation, which is one reason a detective might call you.
Police do not file charges. Prosecutors do. That is why the period between arrest and filing is valuable. A defense attorney who is retained during this window can contact the filing deputy and present information the report does not contain: exculpatory messages, a witness who was never interviewed, medical records, or mitigation about you. This can result in no filing, a reduced charge, or a misdemeanor filing instead of a felony. No attorney can promise that outcome, but the opportunity only exists before the complaint is filed.
Why to Hire Counsel Before Arraignment
An attorney retained before arraignment can request the DMV hearing, send preservation letters, contact the filing deputy, prepare the release argument for arraignment, and in a misdemeanor case may be able to appear on your behalf under Penal Code section 977 so that you do not have to miss work. If a criminal protective order will be sought, counsel can argue at the first appearance for a modified order that allows you to return home or see your children. If you were arrested for a wobbler, counsel can begin building the case for misdemeanor treatment before the felony filing hardens.
What to Expect at Arraignment
At arraignment the court will confirm your identity, advise you of the charges and your rights, take your plea, and address release conditions and any protective order. In nearly every case the plea should be not guilty, which preserves all of your options while your attorney obtains discovery. The judge will then set the next date: a pretrial conference for a misdemeanor, or a preliminary hearing setting for a felony. If you are in custody on a felony, the preliminary hearing must be held within 10 court days unless you waive that right under Penal Code section 859b.
Frequently Asked Questions
How do I find out if someone is still in jail in Riverside or San Bernardino County?
Both counties' sheriff's departments maintain online inmate locators and booking information lines. You will need the person's full name and date of birth. The record will show the facility, the charges, the bail amount, and the scheduled court date if one has been set.
What if my court date is weeks away and no charges have been filed?
That is common for out-of-custody misdemeanors and some felonies. The prosecutor is still reviewing the case. Use the time to hire counsel and preserve evidence. If no case is on calendar when the date arrives, ask the clerk to note your appearance, and make sure your address is current so that you receive notice of any later filing.
Do I need to request the DMV hearing if I refused the breath or blood test?
Yes. A refusal triggers a longer suspension than a failed test, and the 10-day deadline still applies. The hearing is the only opportunity to contest whether you were properly advised of the consequences of refusing and whether the refusal actually occurred.
What happens if I miss my arraignment?
The judge will issue a bench warrant, and you can be charged with failure to appear under Penal Code section 853.7 or section 1320 for a misdemeanor or section 1320.5 for a felony. If you posted bail, it can be forfeited. If you realize you missed a date, contact an attorney immediately about recalling the warrant before you are arrested on it.
Gramling Law Group handles criminal defense from the night of arrest forward throughout Riverside County, San Bernardino County, and the Inland Empire, with flat-fee and limited-scope options, including pre-filing intervention and DMV hearings. Call (909) 654-4575 or contact us through this website to schedule 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.
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Serving the Inland Empire, Los Angeles County, Orange County, and all of Southern California except San Diego in family law and criminal defense.
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