Frequently Asked Questions (FAQ's)
TABLE OF CONTENTS
IF YOU ARE STOPPED BY LAW ENFORCEMENT
If you are stopped by law enforcement, carefully follow all instructions the officer gives to you. Make no unnecessary moves, and keep your hands in clear view. Speak only when asked questions, and then keep in mind your right to remain silent.
• REMEMBER YOUR RIGHTS TO REMAIN SILENT AND TO AN ATTORNEY
If you are stopped by law enforcement, keep in mind the Miranda warnings made popular in television programs:
"You have the right to remain silent
Anything you say can and may be used against you in court
You have the right to an attorney before and during any questioning
If you cannot afford an attorney, one will be appointed to assist you"Many people feel they can easily handle any contact with law enforcement, but in fact these contacts are most often filled with surprise, fear, confusion and many other forms of severe discomfort that typically affect human decision making capabilities. Consequently, if you are questioned by law enforcement, it is essential to keep these rights in mind, and to invoke the rights as soon as possible. State clearly that you wish to have an attorney present before and during any questioning. If law enforcement continues to question you after you have requested an attorney, repeat your request for an attorney and otherwise remain silent.
• MINORS
[return to the top]If you are 16 years old or less, request law enforcement to contact your parent or guardian, and wait until your parent or guardian arrives to where you are being held, before you answer any questions. You should also request law enforcement to have an attorney present before and during any questioning, regardless of whether your parent or guardian is present.
MUST LAW ENFORCEMENT ADVISE YOU OF YOUR RIGHTS…
Law enforcement’s duty to advise you of your Miranda rights is limited. If you are “in custody” and are being questioned, the police may have to advise you of your rights. HOWEVER, you must not rely on the police advising you of your rights because there are many situations where law enforcement is NOT under a duty to make these advisements. The fact that law enforcement does not advise you of your rights does NOT render the arrest unlawful.
You are under no duty to answer any questions except your name and address.
Law enforcement is under NO DUTY to advise you of your rights in order to search you or your property. Nevertheless, law enforcement can only search you or your property under certain circumstances. This area of the law is very complicated and you should check with an attorney about your particular situation.
While you do have the right to refuse to be searched or have your property searched, there are situations where law enforcement can search you or your property without your consent. You should make it clear to law enforcement that you do not consent to the search, but that you will not resist the search. If law enforcement has a search warrant, ask for a copy of the warrant.
WHAT SHOULD I DO IF I BELIEVE I AM UNDER LAW ENFORCEMENT INVESTIGATION IN SAN BERNARDINO?
If you have reason to believe you are under investigation by San Bernardino law enforcement, you should contact the San Bernardino County Public Defender either by telephone at 909-382-7639 or by email through the Department’s internet website at www.sbcpd.com. Consultation with an attorney is important so that you can understand your rights, responsibilities and the potential outcomes of any law enforcement investigation. Most law enforcement investigators will understand and must respect your desire to first speak with an attorney. Any consultation about your own potential case with the San Bernardino County Public Defender will be completely confidential. This Department will accept collect calls regarding San Bernardino County criminal or civil commitment legal matters.
WHEN SOMEONE YOU KNOW IS ARRESTED
Learning that a loved one has been arrested is a painful and stressful experience. Uncertainty and lack of information about the process only makes things more difficult. The arrest process is complex; there are exceptions to every rule. But the following information can help guide you through the process.
People arrested by a law enforcement agency are taken for initial processing to the stationhouse of the agency in which the arrest occurred. Excluding holidays and weekends, the in custody arraignment must happen within 48 hours of the arrest: This will probably be the first time you will be able to see your friend or loved-one following an arrest. An arraignment is the court proceeding at which the arrestee is informed of his rights and the charges against him, he is given a copy of the charging document, an opportunity to enter a plea to the charges and bail will be set. The court will also set the next court hearing date at the arraignment. Arraignments are held in court but the arrestee may appear by video from either the West Valley Detention Center or the Adelanto Detention Center.
In the County of San Bernardino, each local law enforcement agency has different booking procedures. The following is a list of local stationhouses with information about their booking procedures.
POLICE AND SHERIFF BOOKING PROCEDURES
SAN BERNARDINO COUNTY
Ontario Police
Department
2500 S.
Archibald Ave.
Ontario, Ca.
91761
(909) 395-2001
Ontario P.D. has holding cells only. Arrestees are held for a maximum of 5 hours and are then transferred to West Valley Detention Center.
Upland Police
Department
1499 W. 13th
Street
Upland Ca.
91786
(909)
946-7624
Arrestees are booked at the station and then transported to West Valley Detention Center. If arrestees are cite released, they are released from Upland P.D.
Montclair Police
Department
5111 Benito
Street
Montclair,
Ca. 91763
(909)
621-5873
Montclair P.D. has holding cells only. Arrestees are transported to West Valley Detention Center for booking.
Chino Police
Department
13250
Central Ave.
Chino, Ca.
91710
(909)
628-1234
Chino P.D. has no booking facilities. Arrestees are transported to West Valley Detention Center for booking.
Fontana Police
Department
17005 Upland
Ave.
Fontana, Ca.
92335
(909)
350-7740
Holding cells only; Arrestees are booked and housed at West Valley Detention Center.
San Bernardino Police
Department
1584 W.
Baseline Street. #106
San
Bernardino, Ca. 92411
(909)
384-5752
Arrestees may be transported to Central Detention Center in San Bernardino or West Valley Detention Center:
West Valley Detention Center
9500
Etiwanda Ave.
Rancho
Cucamonga, Ca. 91739
(909)
350-2476
Central Detention Center
630 E.
Rialto Ave.
San
Bernardino, Ca. 92415
909) 386-0969
SAN BERNARDINO COUNTY SHERIFF
The Sheriff has a convenient website to obtain
information about people arrested within the last 72 hours.
The address of this
website is:
https://www.sbcounty.gov/Sheriff/Public/Booking/Booking.asp
In addition, information can be requested at the following locations:
Sheriff’s Headquarters
Records Division
655 E. Third St.
San Bernardino, CA 92415
(909) 387-3699
Hours: M-F 8:30 - 3:30
Individuals who arrested by the following Sheriff’s agencies are transported from the Sheriff substations to West Valley Detention Center.
Chino Hills Station
13843 Peyton Dr.
Chino Hills, CA 91709
(909) 364-2000
Hours: Tu/Th 9:00 - 4:00
Appointment Required
Fontana Station
17780 Arrow Blvd.
Fontana, CA 92335
(909) 356-6767
Hours: Tu/Th 9:00 - 11:00 / 1:00 - 3:00
Appointment Required
Highland Station
26985 Baseline
Highland, CA 92346
(909) 425-9797
Hours: M/F 8:00 – 4:30
Appointment Required
Rancho Cucamonga
Station
10510 Civic Center Dr.
Rancho Cucamonga, CA 91730
(909) 477-2800
Hours: M-F 9:00 – 5:00
Twin Peaks Station
26010 Highway 189
Twin Peaks, CA 92391
(909) 336-0600
Hours: Tu-F 1:00 – 4:00
Yucaipa Station
34282 Yucaipa Blvd.
Yucaipa, CA 92399
(909) 790-3105
Hours: M-F 9:00 – 2:00
Big Bear Station
477 Summit Blvd.
Big Bear Lake, CA 92315
(909) 866-0100
Hours: M-F 8:00 – 4:00
HIGH DESERT
High desert law enforcement agencies include Apple Valley, Adelanto, Hesperia, Victorville, Wrightwood, and Phelan, and Barstow. All of the above agencies contract with the San Bernardino County Sheriff and are staffed by Sheriff Deputies. Arrestees in high desert cities may be transported to the Victorville Jail, Adelanto Detention Center, or West Valley Detention Center. Individuals who are brought in on warrants are transported to the Victorville jail located at 14455 Civic Center Dr. Victorville, Ca. They are arraigned on the warrant and depending on the type of case, are transferred either to Adelanto Detention Center or West Valley Detention Center. Adelanto Detention Center is a dormitory style facility which houses low security offenders only, i.e., drug possession, petty theft, etc. More serious offenders are transported to West Valley Detention Center.
Adelanto Detention Center
9438
Commerce Way
Adelanto,
California 92301
(760)
530-9300
Apple Valley Police
Department (Sheriff)
14900 Aztec Rd.
Apple Valley, Ca. 92307
(760) 240-4700
Hesperia Police
Department (Sheriff)
9393 Santa Fe Ave.
Hesperia, Ca. 92345
(760) 947-1500
Victorville Police
Department (Sheriff)
14200 Amargosa Rd.
Victorville, Ca. 92392
(760) 241-2911
Wrightwood/Phelan
(Sheriff)
Phelan Sheriff Station
4050 Phelan
Road
P.O. Box
292000
Phelan, CA 92371
(760) 868-1006
Hours: By Appointment Only
Barstow Station
(Sheriff)
255 East Mt. View
Barstow, CA 92321
(760) 256-4838
Hours: M/Tu/Th 8:00 – 11:00 / 1:00 – 4:00
Appointment Required
Adelanto Station
11613 Bartlett Ave.
Adelanto, CA 92301
(760) 246-1000
Hours: M-F 8:00 – 4:30
Appointment Required
Apple Valley
Station
14931 Dale Evans Pkwy.
Apple Valley, CA 92307
(760) 240-7400
Hours: Thurs. Only 8:00 – 5:00
Appointment Required
LOW DESERT
Colorado River
Station
1111 Bailey Ave.
Needles, CA 92363
(760) 326-9200
Hours: Tu/Th 10:00 – 2:00
Arrestees at the Colorado River station are booked in Needles. Sheriff’s transportation runs on Monday, Wednesday, and Friday for transport to West Valley Detention Center. Arrestees who are not cite released are held for 96 hours and then transported to West Valley Detention Center.
Lucerne Substation
32700 Old Woman Springs Rd.
Lucerne, CA 92356
(760) 248-6686
Hours: By Appointment Only
Arrestees are transported to Victorville Jail for booking and then either to Adelanto Detention Center or West Valley Detention Center, depending on the severity of the charge.
Morongo Basin
Station
6527 White Feather Rd.
Joshua Tree, CA 92252
(760) 366-5703
Hours: M-F 8:00 – 5:00
Arrestees are transported to Victorville jail for booking and then to either Adelanto Detention Center or West Valley Detention Center, depending on the severity of the charge.
Trona Substation
13215 Market St.
Trona, CA 93562
(760) 372-4096
Hours: By Appointment Only
Arrestees are transported to Victorville jail for booking and then to either Adelanto Detention Center or West Valley Detention Center, depending on the severity of the charge.
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EVERYTHING YOU NEED TO KNOW ABOUT BAIL
Bail is money that some criminal defendants are required to deposit to guarantee
that they will return to court if released from jail while their cases are
pending. Although there are several exceptions, in general people arrested for
an infraction or a misdemeanor must be released upon signing a written notice to
appear. Exceptions to this general rule include cases in which: *
the arrestee requests to be
brought before a judge
An arrestee may be released on his own recognizance, or released “OR.” If
released OR, the arrestee may be required to submit to reasonable conditions of
release. If a court agrees to release the arrestee OR, the court will require
him to sign an agreement specifying his *
Promise to appear at all times and
places as ordered
At a bail hearing, the judge will set the bail amount
according to the County’s bail schedule and in light of the circumstances of the arrestee’s background and the conduct with which he is charged. The County of
San Bernardino has a bail schedule guiding the amount of bail for the pertinent
charges that is posted at
http://www.co.san-bernardino.ca.us/courts/. The bail schedule is a
guideline, thus the actual bail set may deviate from the schedule.
Bail may be posted with cash, a cashier’s check or
through a bail bond. A bail bond is a legal contract that requires someone to
pay money if a defendant fails to return to court. It is guaranteed by the
assets of the person who posted it, such as real estate, savings, or valuable
personal property. To post the bail, money can be deposited with the Sheriff’s
Department. For more information about how to post bail for your particular
situation, call the Sheriff’s Department at (909) 350-2476.
If you are financially able
to afford an attorney, to find an attorney you may call the San Bernardino
County Bar Association at
909-888-6791
. You can also speak with friends or neighbors who may know an attorney,
or check the yellow pages.
If you are financially
unable to afford an attorney, at your arraignment the court will appoint a
lawyer for you from the San Bernardino County Public Defender, unless the Public
Defender has a conflict of interest with your case. In cases where the Public
Defender has a legal conflict of interest with your case, the arraignment court
will appoint a private law firm that has a contract with the County to provide
indigent defense services.
Pursuant to
Government Code §27706, et seq., a Public Defender is either an
elected or appointed public servant who represents indigent and limited
non-indigent defendants in certain defined legal cases. Counties may choose
to establish a Public Defender to represent these clients or may contract
with private attorneys to render legal care. Most California counties have
Public Defenders.
The Public
Defender appoints Deputy Public Defenders to represent individual clients.
Deputy Public Defenders must be attorneys licensed by the California State
Bar. An attorney who is already a member of the Bar must pass highly
competitive and rigorous examinations and interviews in order to become a
Deputy Public Defender. In addition, Public Defenders throughout California
require and support ongoing legal education and training to ensure the
highest quality in their Deputies.
WHAT IS THE SAN BERNARDINO
COUNTY PUBLIC DEFENDER?
The San Bernardino County
Public Defender is a County department that is staffed with attorneys licensed
by the State Bar of California. The attorneys who handle cases in court are
called “Deputy Public Defenders.” In addition to attorneys, the San Bernardino
County Public Defender employs Investigators to fully
investigate cases handled by the Department. Our investigators have an
average of 21 years of investigative experience. The Department also has a staff of
social workers and support staff to provide the best representation for clients.
The San Bernardino County
Public Defender will be appointed to represent any criminal or civil commitment
defendant who cannot afford to hire an attorney, unless the office has a legal
conflict of interest with that defendant’s case.
WHAT TYPES OF CASES DOES THE SAN BERNARDINO
COUNTY PUBLIC DEFENDER HANDLE? The San Bernardino County Public Defender
represents adults or juveniles charged with misdemeanor or felony crimes,
persons facing involuntary civil commitment for mental disorders or commitment
under the Sexually Violent Predator statute.
WHAT DO PUBLIC DEFENDER SERVICES COST? Once the criminal case has concluded, the
court may order clients to pay a reasonable fee for Public Defender services.
The determination of what is reasonable is made in light of the client’s
financial resources. A reasonable payment schedule is arranged with the
individual. Payments are not made to the Public Defender but to the County’s
Central Collections Bureau and only after the case has been concluded. The
Public Defender is not involved in the hearing to determine a client’s ability
to pay, billing or collections of fees ordered by the court.
HOW DO I GET MY PROPERTY
BACK?
•
What are my rights if
my property is taken by the police?
If the police take your
property when they search or arrest you, they must give you a document that acts
as a receipt. Each law enforcement agency has its own form to act as a
receipt, and these documents most often contain a line for you to sign
acknowledging the officer provided you a copy of the receipt, and/or that the
receipt is accurate. You are entitled to a receipt that is correct and
complete. If the receipt is incorrect or incomplete, do not sign it, and ask for
the receipt to be corrected. You do not have to sign the receipt to have your
property returned. Tell your attorney if the receipt given to you is incomplete.
The police may take
property for four reasons:
*
SAFEKEEPING:
Valuables such as money, jewelry and furs are taken from an arrestee to prevent
them from being stolen. An arrestee’s car is sometimes impounded to keep it safe
while he is in custody. Property taken for safekeeping only should be returned
upon presentation of the receipt and proper identification. Contact your
attorney if law enforcement refuses to return property seized for safekeeping. *
FORFEITURE: Property may be seized
and held by the police because they believe it was used to commit or was
proceeds of a crime. The police may permanently keep or sell property if they
can prove in a civil court that it was unlawfully used or obtained. The police
have seized for forfeiture:
- CARS driven by a drunk or reckless driver or without a valid driver’s
license, or used to obtain drugs or the services of a prostitute, or that
contain a loaded gun. Cars used in these crimes may be seized even if the owner
of the car was not arrested for the offense. - MONEY that was exchanged for drugs, or that was intended to be exchanged
for drugs, or used in gambling.
- MERCHANDISE that was sold on the street without a vendor’s license. - TOOLS OR EQUIPMENT that were used to break into a car or building or to
sell drugs. This may include a beeper or mobile phone that was possessed for
communication during a crime.
*
EVIDENCE: Property may be temporarily
held as evidence by law enforcement even though it is rightfully yours and was
not used illegally. Although your attorney may sometimes be able to
promptly reclaim this property for you, property held
as evidence will usually be held until the end of the criminal case, including all appeals. For example, the
district attorney may hold your coat as evidence, if they believe that it will
identify you as the person who committed a crime. If you are arrested for
selling drugs, any large sum of cash that you were carrying will probably be
held as evidence of the charge. Evidence may also be taken from people who are
not charged with any crime, such as witnesses to or victims of a crime. For
instance, if your friend borrows your car and is later arrested in your car
after he used it to commit a drive-by shooting, your car will be impounded and
kept as evidence in that crime. *
CONTRABAND:
This is property that has been taken or confiscated because it is a crime to
have it. This category includes illegal dugs, unlicensed handguns, switchblade
knives, forged papers, counterfeit money, or fake credit cards. If you have been
charged with possession of contraband, it will be held as evidence while your
case is in court, and may be destroyed afterwards.
• How do I get my property back?
You should check with your attorney before making a request to have
any
property released to your possession. How to get your property back depends on
whether the property was taken as contraband or for safekeeping,
evidence/investigation, or forfeiture.
*
SAFEKEEPING: upon request by the
property’s rightful owner or his appointed representative the law enforcement
agency property clerk should release property taken for safekeeping. If you are
held in custody while your case is pending, property held for safekeeping can be
obtained by a friend or relative who has your receipt, a notarized letter from
you which authorizes that friend or relative to claim your property, and proper
identification. You may also apply for the return of your property by mail.
*
FORFEITURE: If the property is
being held for forfeiture, you have a right to notice and a hearing prior to the
property being permanently taken from you. You should consult with your
attorney to assist you with the forfeiture process. * EVIDENCE/INVESTIGATION: If the
property is being held as evidence, you will first need an order from the court
to release property. *
CONTRABAND: Contraband – property
that is illegal to possess like narcotics that you have without a prescription –
will not be returned.
*
the arrestee refuses to sign a
promise to appear
*
the arrestee is charged with a
violation of a domestic violence protective order
*
the arrestee is severely
intoxicated or requires medical attention
*
the arrestee has outstanding
warrants
*
the arrestee fails to provide
satisfactory identification
*
the release would jeopardize the
prosecution of the offense for which the person was arrested
*
the safety of others would be
jeopardized if the arrestee is released
*
the officer has reason to believe
the arrestee will not appear
*
the arrestee is charged with
Driving Under the Influence
*
Promise to obey all reasonable
conditions of the release
*
Promise not to leave the state
without the court’s permission
*
Agreement to waive extradition
from another state if it becomes necessary
*
Acknowledgement the arrestee
understands the consequences of violating the conditions of OR release