Fontana Criminal Defense Lawyer

Being faced with a criminal arrest or police investigation in Fontana, California, puts you in urgent danger. The decisions you make within the next 24 to 48 hours can significantly impact your future.

A criminal conviction in San Bernardino County carries serious consequences, including a permanent record, loss of professional licenses, substantial fines, and long-term incarceration.

The prosecutors within the San Bernardino County District Attorney's office handle cases aggressively. To protect yourself, you need an equally assertive defense strategy.

Eisner Gorn LLP offers assertive, highly targeted defense counsel. We act promptly to protect your constitutional rights, scrutinize the state's evidence, and advocate for complete case dismissal or charge reduction.

Schedule your consultation by calling (818) 781-1570 or using the contact form here.

Why You Need a Criminal Defense Firm

Navigating the criminal justice system in the Inland Empire involves more than just basic legal knowledge. It requires a detailed understanding of San Bernardino County's unique court procedures, police departments, and filing deadlines.

Pre-Filing Intervention: Our legal team starts working right after an arrest. If retained during the investigation—before the District Attorney files formal charges—we can introduce exculpatory evidence or mitigating factors. This early intervention can convince the DA to dismiss the investigation or opt for lesser misdemeanor charges instead of serious felonies.
Aggressive Representation Against Local Agencies: Whether your arrest was managed by the Fontana Police Department, the San Bernardino County Sheriff's Department, or the California Highway Patrol (CHP) along Interstate 10 or 210, we are experienced in auditing their records. We check for procedural mistakes, broken chains of custody, and violations of civil rights.
Deep Knowledge of the Local Bench: Each judge and prosecutor handles scheduling, plea bargaining, and diversion in unique ways. Understanding these nuances allows us to customize our approach to your case.

Critical California Criminal Statutes and Penalties

Our firm builds trial-ready defenses based on the strict language of the California Penal Code and Vehicle Code. We systematically target the specific elements that the prosecution is legally required to prove beyond a reasonable doubt.

California Vehicle Code 23152: Driving Under the Influence (DUI)

A DUI arrest sets off two separate legal proceedings: a criminal case in the San Bernardino courts and an administrative action regarding your driving privileges with the California DMV.

VC 23152(a): Prohibits operating a vehicle while intoxicated by alcohol or drugs.
VC 23152(b): States that driving with a Blood Alcohol Concentration (BAC) of 0.08% or above is inherently illegal.
Our Defense Approach: We evaluate your case for insufficient probable cause for the initial traffic stop, review the maintenance and calibration records of the chemical breathalyzer, and contest the subjective outcomes of field sobriety tests (FSTs).

California Penal Code 273.5: Domestic Corporal Injury

This felony-level domestic violence offense involves intentionally inflicting physical injury resulting in a traumatic condition on an intimate partner (spouse, cohabitant, or co-parent).

The Reality: When responding to a high-emotion domestic call, local law enforcement officers almost always make an arrest, even if the reporting party later alters their statement.
Our Defense Approach: We examine cases involving false accusations driven by anger or jealousy, injuries from self-defense, and mutual combat situations where our client was not the main aggressor.

California Penal Code 459: Burglary

Under California law, burglary occurs when someone enters a commercial or residential building with the specific intent to commit a grand theft, petty theft, or felony once inside.

First-Degree Burglary: It involves an inhabited residential dwelling and is classified as a serious strike felony.
Second-Degree Burglary: Involves commercial spaces, like retail storefronts, and is considered a "wobbler" offense that can be charged as either a misdemeanor or a felony.
Our Defense Approach: Our focus is on intent. If the prosecution cannot demonstrate that you intended to steal before entering the building, the core basis for the burglary charge collapses.

California Penal Code 245(a)(1): Assault with a Deadly Weapon (ADW)

This heavy charge involves committing an assault upon another person using a deadly weapon (other than a firearm) or by means of force likely to produce great bodily injury. ADW can be charged as either a misdemeanor or a felony.

Our Defense Approach: We emphasize establishing legal self-defense or defense of others, identifying a lack of current capacity to cause harm, or proving that the object in question does not qualify as a deadly weapon under legal standards.

Real-World Strategic Defense Example

To understand how these legal statutes work in practice, consider these scenarios based on common defense mechanics:

Case Example: The Disputed Domestic Incident

A neighbor called 911 after hearing a loud, heated argument from an apartment. Fontana police arrived, observed a small scratch on one party's arm, and arrested our client under PC 273.5.

The Strategy: Our defense team interviews witnesses and reviews text messages indicating that the alleged victim threatened to "ruin" our client's career through messages. We gather evidence proving the scratch was accidental, occurring as our client attempted to leave the room safely.
The Outcome: We deliver this mitigation package personally to the filing deputy of the San Bernardino District Attorney during the pre-filing period. The DA chooses not to pursue formal criminal charges.

Navigating the Fontana Local Court System

If you are arrested within the city limits of Fontana, understanding where your case will be handled is essential. The San Bernardino Superior Court system assigns cases based on location and the level of the offense:

Traffic & Infractions: Minor traffic violations and infractions are routed directly to the Fontana District Courthouse, located at 17780 Arrow Boulevard, Fontana, CA 91335.
Misdemeanor & Felony Cases: Misdemeanor or felony criminal prosecutions are heard at the San Bernardino Justice Center (SBJC), located at 247 West Third Street, San Bernardino, CA 92415.

Our attorneys know the local court clerks, judges, and deputy district attorneys well. This local familiarity helps us handle your court appearances efficiently and strive for the best possible outcome.

What to Do If You Are Confronted by Law Enforcement

If you are arrested, questioned by detectives, or involved in an active investigation in Fontana, follow these steps to safeguard your rights.

1. Invoke Your Silence:

Politely inform the officers: "I am exercising my right to remain silent and will not answer questions without a defense attorney present." Then, cease speaking. Avoid attempting to explain or provide an alibi.

2. Refuse Voluntary Searches: Do not consent to officers searching your vehicle, home, pockets, or phone. If they claim to have a search warrant, request to see a signed copy by a judge, but avoid resisting physically.

3. Be Mindful of Jail Phone Lines:

When making phone calls from a holding facility, keep in mind that law enforcement monitors and records all outgoing calls. Avoid discussing any incident details with friends or family over these lines.

4. Retain Local Counsel:

Contact our office immediately. We can arrange representation for your arraignment, handle bail discussions, and request your initial discovery package.

Frequently Asked Questions (FAQs)

Can I get my criminal record cleared in Fontana, California?

Yes. According to California Penal Code 1203.4, you can request expungement from the court if you've completed your probation for a misdemeanor or felony, paid all court fines, and are not presently facing any active criminal charges.

If approved, your guilty or no contest plea is set aside, the case is officially dismissed, and you can legally tell most private employers that you do not have a conviction for that crime.

What is a "wobbler" under California law?

A wobbler is an offense that can be charged as either a misdemeanor or a felony, depending on factors such as the seriousness of the facts, the value of any property involved, and your past criminal record.

Examples include commercial burglary, grand theft, and domestic battery. An experienced defense attorney can negotiate with the prosecutor to have the charge reduced to a misdemeanor, which can greatly reduce your legal risks.

What happens if I miss my scheduled criminal court date in San Bernardino County?

If you do not appear for a required court date, the judge will immediately issue a bench warrant for your arrest. Your driver's license might also be suspended, and the prosecution could pursue additional charges for failure to appear. If you missed a court date, our firm can represent you in court to recall and quash the warrant.

What is the purpose of a preliminary hearing in a felony case?

A preliminary hearing is an evidentiary session conducted only in felony cases. During this proceeding, the prosecution presents witnesses and evidence to convince the judge that there is probable cause to believe a crime occurred and that you were the offender.

This standard of proof is lower than "beyond a reasonable doubt," but it allows your defense attorney to cross-examine state witnesses and identify weaknesses in their case at an early stage.

Fontana Courthouse