1. Law Offices of Kirk Tarman and Associates
Practice Focus: Criminal defense, DUI, drug crimes, violent offenses, theft, domestic violence
Case Types Handled: Felonies, misdemeanors, DUI/DWI, drug possession, drug sales, assault, battery, robbery, burglary, domestic violence, theft, weapons charges
Legal Services: Trial defense, preliminary hearings, motion practice, plea negotiations, probation violation defense, record expungement
Background: Kirk Tarman has practiced criminal defense for 25 years. He is a former district attorney who brings prosecutorial experience to his defense practice. His prior experience as a prosecutor provides insight into how cases are built and where weaknesses may exist. His firm focuses 100% on criminal defense. He maintains established relationships within the San Bernardino legal community.
Location: San Bernardino, CA
Contact: Contact through firm website | https://www.tarmanlaw.com
Consultation: Free consultation available
2. Law Offices of Michael A. Scafiddi, INC
Practice Focus: Criminal defense, DUI, drug offenses, violent crimes, theft, domestic violence
Case Types Handled: Felonies, misdemeanors, DUI/DWI, drug crimes, assault, battery, robbery, burglary, domestic violence, theft, sex crimes, fraud
Legal Services: Trial defense, preliminary hearings, motion practice, plea negotiations, jury trials, probation violation defense
Background: The firm has decades of collective criminal defense experience. The team includes Megan E. Scafiddi (Majewski) as Senior Attorney and G. Christopher Gardner as Senior Trial Attorney, along with Scot T. Neudorff serving as Of Counsel. The attorneys are recognized by judges and prosecutors throughout San Bernardino County for their courtroom experience and preparation.
Location: San Bernardino, CA
Contact: Contact through firm website | https://www.scafiddilaw.com
Consultation: Contact office for consultation information
3. Kassel and Kassel Law Offices
Practice Focus: Criminal defense, DUI, drug crimes, assault, domestic violence
Case Types Handled: Felonies, misdemeanors, DUI/DWI, drug offenses, assault, battery, domestic violence, theft, weapons charges
Legal Services: Trial defense, preliminary hearings, motion practice, plea negotiations, 24/7 legal guidance
Background: Kassel and Kassel has over 70 years of combined legal experience. The firm offers around-the-clock legal guidance for clients facing arrest or criminal charges. Spanish-speaking services are available (Hablamos español). The attorneys handle both misdemeanor and felony matters throughout San Bernardino County.
Location: San Bernardino, CA
Contact: (909) 792-6455 | https://www.kasselandkassel.com
Consultation: Contact office for consultation information
4. Law Office of Dennis Kuntz
Practice Focus: Criminal defense, DUI, drug crimes, theft, assault, domestic violence
Case Types Handled: Felonies, misdemeanors, federal offenses, DUI/DWI, drug possession, drug sales, assault, battery, theft, burglary, domestic violence, weapons charges
Legal Services: Trial defense, preliminary hearings, motion practice, plea negotiations, state and federal court representation
Background: Dennis Kuntz is a former public defender with over a decade of experience representing clients in criminal matters. He has handled thousands of cases throughout his career. He regularly appears at the San Bernardino Justice Center, the primary courthouse for criminal matters in San Bernardino. He provides personal attention to each client rather than treating cases as numbers. He practices in both state and federal courts.
Location: San Bernardino, CA
Contact: Contact through firm website | https://www.lawofficedenniskuntz.com
Consultation: Contact office for consultation information
5. Law Office of James McGee
Practice Focus: Criminal defense, DUI, drug crimes, sex offenses, theft, expungements
Case Types Handled: Homicide, theft, embezzlement, DUI/DWI, internet pornography, gun offenses, child endangerment, drug crimes, domestic violence
Legal Services: Trial defense, preliminary hearings, motion practice, plea negotiations, expungement petitions, record relief
Background: James McGee is a former prosecuting attorney. He maintains close ties within the legal communities of Riverside and San Bernardino counties. His prosecutorial background provides understanding of how cases are evaluated and pursued by the District Attorney’s office. He is well-respected in the local legal community.
Location: San Bernardino County (serves San Bernardino and surrounding areas)
Contact: (888) 873-0383 | https://www.mcgeeplc.com
Consultation: Contact office for consultation information
Criminal Defense Regulations in California
Bar Admission Requirements: The State Bar of California regulates attorney licensing and discipline. Applicants must pass the California Bar Examination. All applicants undergo character and fitness review. California requires a Multistate Professional Responsibility Examination (MPRE) score of 86 or higher. Attorneys admitted in other states may qualify for admission under limited circumstances.
Specialty Certifications: The State Bar of California Board of Legal Specialization offers the Certified Criminal Law Specialist designation. Requirements include substantial involvement in criminal law practice, favorable peer evaluations, and passing a written examination. Only attorneys holding this certification may advertise as a Certified Criminal Law Specialist in California.
Mandatory Continuing Legal Education: California requires 25 CLE credits every 3 years. Required credits include 4 hours in Legal Ethics, 2 hours in Competence Issues (mental health, substance abuse, stress management), 1 hour in Elimination of Bias, 1 hour in Implicit Bias, 1 hour in Technology, and 1 hour in Civility. A minimum of 12.5 hours must be participatory programs; a maximum of 12.5 hours may be self-study. Compliance groups are determined by last name: Group 1 (A-G), Group 2 (H-M), Group 3 (N-Z). Compliance deadlines are March 29 of the reporting year.
Public Defender System: The San Bernardino County Public Defender’s Office provides representation to indigent defendants. The office employs 127 attorneys, 32 investigators, and 37 clerical staff (according to California Department of Justice data). Eligibility is determined at arraignment based on financial qualification. The San Bernardino County District Attorney’s Office employs 248 attorneys, 62 investigators, and 178 clerical staff.
Felony Sentencing: California does not use a categorical felony classification system. Specific penalties are defined in individual criminal statutes. Most felonies carry determinate sentences with low, middle, and high terms specified by statute. Common terms include 16 months, 2 years, or 3 years, though specific crimes carry different ranges. Judges select the appropriate term based on aggravating and mitigating circumstances.
Wobbler Offenses: Many California offenses are classified as “wobblers,” meaning prosecutors can charge them as either felonies or misdemeanors. Common wobbler offenses include assault with a deadly weapon (Penal Code 245), domestic violence (Penal Code 273.5), grand theft (Penal Code 487), and certain drug offenses. After sentencing on a wobbler felony, defendants may petition to reduce the conviction to a misdemeanor under Penal Code Section 17(b).
Three Strikes Law: California’s Three Strikes Law (Penal Code Sections 667 and 1170.12) imposes enhanced sentences for defendants with prior serious or violent felony convictions. A second strike doubles the sentence for a new felony conviction. A third strike for a serious or violent felony can result in 25 years to life imprisonment. Proposition 36 (2012) and Proposition 47 (2014) modified the law to limit third-strike life sentences primarily to serious or violent offenses and reclassified certain offenses.
Bail System: San Bernardino County uses a Uniform Countywide Bail Schedule to set presumptive bail amounts for each offense. The schedule is published by the San Bernardino County Superior Court. Bail amounts are calculated based on the most serious charge plus any applicable enhancements. Judges may deviate from the schedule at bail hearings based on flight risk, public safety, and specific case circumstances. Following In re Humphrey (2021), courts must consider a defendant’s ability to pay when setting bail.
Expungement and Record Relief: California Penal Code Section 1203.4 allows defendants who successfully complete probation to petition for dismissal of their conviction. Upon granting, the court sets aside the guilty plea or verdict and dismisses the case. Proposition 47 allows resentencing and reclassification for certain drug and theft offenses. Proposition 64 provides for reduction or dismissal of certain marijuana convictions. Certificate of Rehabilitation may be available for certain offenses after specified waiting periods.
Discovery Rules: California requires broad disclosure by prosecution and defense. The prosecution must disclose all evidence, including exculpatory Brady material, prior to preliminary hearing. Defense attorneys may file motions under Pitchess v. Superior Court to obtain police personnel records showing relevant misconduct.
Frequently Asked Questions
Where are San Bernardino criminal cases heard?
Criminal cases arising in San Bernardino are heard at the San Bernardino Justice Center, located at 247 West Third Street, San Bernardino, CA 92415. This courthouse handles arraignments, preliminary hearings, and trials for cases arising in the San Bernardino area. The court processes both misdemeanor and felony matters. Some specialty courts and overflow matters may be assigned to other San Bernardino County courthouse locations.
What happens after an arrest in San Bernardino County?
After arrest in San Bernardino, you will typically be processed at a local facility such as the San Bernardino Central Detention Center (630 E. Rialto Avenue, San Bernardino, CA 92415) or the West Valley Detention Center (9500 Etiwanda Avenue, Rancho Cucamonga, CA 91739). You will be booked and held until bail is posted or you appear for arraignment. At arraignment, you will be informed of the charges, advised of your rights, and asked to enter a plea. The court will address bail and may release you on your own recognizance, set bail according to the schedule, or modify bail based on the circumstances.
What are the penalties for a first-time DUI in San Bernardino County?
A first-time DUI in California (Vehicle Code Section 23152) is a misdemeanor. Penalties in San Bernardino County typically include 3 to 5 years informal probation, up to 6 months in county jail (often minimal or suspended for first offense), fines of $390 to $1,000 plus penalty assessments totaling approximately $1,800 to $2,600, mandatory attendance at a DUI education program (typically 3 months), and a 6-month driver’s license suspension (restricted license may be available). Aggravating factors such as high BAC, accidents, or refusal to submit to chemical testing can increase penalties.
How does California’s Three Strikes Law affect sentencing in San Bernardino County?
If you have prior serious or violent felony convictions (strikes), new felony charges carry enhanced penalties. With one prior strike, the sentence for a new felony conviction is doubled. With two prior strikes, a new serious or violent felony conviction can result in 25 years to life imprisonment. Proposition 36 (2012) limited third-strike life sentences primarily to cases where the new offense is serious or violent. Defendants serving three-strikes sentences for non-violent offenses may petition for resentencing. Defense attorneys can negotiate to have strikes stricken (dismissed) in exchange for plea agreements in appropriate cases.
What diversion programs are available in San Bernardino County?
San Bernardino County offers several diversion and alternative sentencing programs. Drug Court provides treatment-based supervision for defendants with substance abuse issues. Mental Health Court serves defendants with qualifying mental health conditions. Veterans Treatment Court addresses the needs of veterans. Deferred Entry of Judgment under Penal Code Section 1000 is available for certain first-time drug offenders. Pre-Trial Diversion under Penal Code Section 1001.36 allows defendants with qualifying mental health conditions to receive treatment in lieu of prosecution. Proposition 36 sentencing provides treatment instead of incarceration for certain non-violent drug possession offenses. Eligibility varies by program, offense type, and criminal history. Successful completion typically results in case dismissal or reduced charges.