CRIMINAL DEFENSE PROCESS LAW — CALIFORNIA
The Criminal Trial Process in California — From Jury Selection to Verdict
A California criminal trial involves jury selection, opening statements, prosecution and defense cases, closing arguments, jury deliberation, and verdict. Understanding each stage helps defendants make informed decisions about going to trial.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney
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Criminal Trial Process California — At a Glance
- Law / Code
- PC §1042 / PC §1048 / PC §1093
- Classification
- Criminal Procedure — Trial
- Maximum Penalty
- N/A — procedural stage
- Probation Eligible
- N/A
- Strike Offense
- N/A
What Is Criminal Trial Process California Under California Law?
Legal Framework. A California criminal trial is the formal fact-finding proceeding held after a defendant enters a not-guilty plea and does not resolve the case by dismissal, diversion, or negotiated disposition. In a jury trial, the prosecution must prove every charged element beyond a reasonable doubt, and the defendant has no burden to prove innocence. The sequence is governed principally by Penal Code § 1093: prosecution opening, defense opening if reserved, prosecution evidence, defense evidence, rebuttal, closing arguments, jury instructions, deliberations, and verdict. Before that sequence, the court and lawyers select an impartial jury through voir dire. A defendant may waive a jury only with the consent of the prosecution and the court; otherwise, the case is tried to 12 jurors in a felony case, while most misdemeanor jury trials use 12 jurors unless the parties stipulate otherwise. The court rules on evidence and legal objections, but jurors decide disputed facts and witness credibility.
The Prosecution's Burden. Penal Code § 1042 addresses the order of trial, and Penal Code § 1093 supplies the basic statutory structure once trial begins. The prosecution ordinarily presents its case first because it bears the burden of proof. The defense may cross-examine every prosecution witness and may present witnesses, exhibits, expert testimony, or no affirmative evidence at all. A defendant’s decision whether to testify is personal and constitutionally protected; the jury cannot treat a decision not to testify as evidence of guilt. Penal Code § 1048 gives the trial court authority to order the trial of multiple defendants or charges, including severance when a joint trial would prejudice a defendant’s fair-trial rights. In Los Angeles County, felony trials are generally heard in the Superior Court courthouse assigned to the case after the preliminary hearing and arraignment process. A trial can last from a day to weeks or longer, depending on the charge, evidence, motions, and number of witnesses.
Potential Consequences. The trial process differs from earlier stages such as arraignment, pretrial conferences, preliminary hearings, and suppression litigation. A preliminary hearing asks whether sufficient evidence supports holding a felony defendant to answer; it is not a determination of guilt beyond a reasonable doubt. Trial is the stage at which the admissible evidence is tested before the ultimate factfinder. Pretrial rulings can shape the trial substantially, including motions to suppress unlawfully obtained evidence under Penal Code § 1538.5, evidentiary motions, and requests to exclude unduly prejudicial material under Evidence Code § 352. Cases may involve one count or multiple counts, and a jury must generally return a separate verdict on each charge. If the jury cannot unanimously agree, the court may declare a mistrial on unresolved counts. A not-guilty verdict ends the prosecution on that count, while a guilty verdict leads to sentencing and may be followed by posttrial motions or an appeal.
05 — Defense Strategies
How Rubin Law Defends Criminal Trial Process California Charges
Rubin Law, P.C. attacks the elements of PC §1042 / PC §1048 / PC §1093 and drives outcomes that avoid conviction where possible.
Use voir dire to identify biased jurors
Jury selection is not a formality. Counsel uses voir dire to uncover experiences, assumptions, and attitudes that could prevent a prospective juror from applying the presumption of innocence and the beyond-a-reasonable-doubt standard. In Los Angeles Superior Court, the judge controls much of the questioning, but defense counsel can seek follow-up inquiry where answers reveal bias. A juror may be challenged for cause when actual or implied bias prevents impartial service, and counsel also has limited peremptory challenges. The defense must exercise peremptory challenges lawfully; discriminatory strikes are prohibited under Code of Civil Procedure § 231.7. A careful record of denied challenges can also preserve a fair-jury issue for review.
U.S. Const. amend. IV
Litigate suppression and evidentiary issues before trial
A strong trial defense often begins with narrowing what the jury will be allowed to hear. Penal Code § 1538.5 permits a defendant to challenge evidence obtained through an unlawful search or seizure, including statements or physical evidence following an unconstitutional detention, arrest, or warrant execution. Separate motions can seek exclusion of unreliable hearsay, improper character evidence, unduly prejudicial photographs, or evidence with limited probative value under Evidence Code § 352. The defense may also challenge expert opinions, foundation for digital evidence, and the prosecution’s disclosure compliance. Winning a pretrial motion can eliminate a crucial exhibit or witness; even an unsuccessful motion can clarify the prosecution theory and preserve objections for trial and appeal.
17 CCR §1219.3
Hold the prosecution to proof beyond a reasonable doubt
The prosecution carries the burden to prove every element of every charged offense beyond a reasonable doubt. The defense need not prove an alternative story or call any witnesses. At trial, cross-examination can expose gaps in identification, memory, timeline, forensic testing, chain of custody, video interpretation, or law-enforcement investigation. The defense can emphasize what officers did not collect, test, photograph, or investigate, particularly where the prosecution asks jurors to draw conclusions from incomplete evidence. Closing argument should connect those deficiencies to the required elements and the reasonable-doubt instruction. This strategy is especially important when the state relies heavily on a single witness, a contested confession, or circumstantial evidence.
NHTSA SFST
Challenge witness reliability and impeachment evidence
Witness testimony is frequently the central issue at trial. Defense counsel can test perception, memory, lighting, stress, intoxication, prior inconsistent statements, bias, motive, benefits received from the prosecution, and the witness’s opportunity to observe. A witness’s prior statements may be used for impeachment when legally admissible, and records such as body-worn camera footage, dispatch logs, texts, medical records, or social-media communications may contradict the account offered in court. In appropriate cases, the defense can investigate whether a cooperating witness expects leniency, immigration assistance, dismissal of charges, or another benefit. The goal is not merely to attack character; it is to give jurors concrete, evidence-based reasons why the testimony does not reliably establish guilt beyond a reasonable doubt.
VC §23152
Seek severance or separate treatment of prejudicial counts
When a case includes multiple defendants or multiple charges, trying everything together can create unfair spillover prejudice. Penal Code § 1048 allows the court to order joint or separate trials as justice requires. The defense may seek severance where one codefendant’s statement implicates another defendant, where defenses are irreconcilable, or where evidence admissible on one count would unfairly influence the jury on another. A separate trial may also be appropriate when a weak allegation is joined with a more inflammatory charge and the jury may use evidence improperly across counts. The motion must be made early enough to permit meaningful consideration and should identify concrete prejudice, not simply a preference for separate proceedings.
17 CCR §1219.1
Protect the record through objections and tailored instructions
Trial counsel must make timely, specific objections to inadmissible evidence, improper questioning, prosecutorial argument, and incorrect legal instructions. Silence can forfeit an issue that otherwise might support a new-trial motion or appeal. Defense counsel can request limiting instructions telling jurors the permitted use of particular evidence, such as impeachment evidence or evidence admitted only against one defendant. Counsel also reviews the jury instructions with the court and argues for instructions supported by the evidence, including instructions on a lesser included offense or a recognized defense where appropriate. Under Penal Code § 1093, instructions follow the evidence and arguments before deliberation. Accurate instructions matter because jurors must apply the law the court gives them, not assumptions about what the law should be.
VC §23103.5
Constitutional Sources: Fourth Amendment — U.S. Constitution
Questions
Frequently Asked — Criminal Trial Process California
What happens first at a California criminal jury trial?
The first major trial stage is jury selection, commonly called voir dire. The judge, prosecutor, and defense lawyer question prospective jurors to determine whether they can be fair and follow the law. Jurors may be excused for cause when bias or another disqualifying circumstance prevents impartial service, and each side has limited peremptory challenges. Once the jury is sworn, the court generally follows the sequence in Penal Code § 1093: opening statements, prosecution evidence, defense evidence if any, rebuttal evidence when permitted, closing arguments, jury instructions, deliberations, and verdict. Before the jury is selected, the court may also resolve pending evidentiary issues and other motions. The prosecution presents first because it has the burden to prove guilt beyond a reasonable doubt.
Do I have to testify at my California criminal trial?
No. A defendant has a constitutional right not to testify, and the prosecution cannot require testimony or argue that silence proves guilt. The jury is instructed that it must not consider the defendant’s decision not to testify for any reason. Whether to testify is ultimately the client’s decision after consultation with counsel, but it should be made only after evaluating the prosecution evidence, prior statements, impeachment risks, prior convictions that might be admissible for credibility, and the value of the proposed testimony. The defense may still challenge the prosecution through cross-examination, exhibits, expert evidence, and argument without calling the defendant. In some cases testimony is important; in others, it creates avoidable risks without adding evidence needed for the defense.
How long does a criminal trial take in Los Angeles County?
There is no fixed duration. A straightforward misdemeanor trial may take one to several court days, while a felony trial can take weeks or longer. The length depends on the number of counts, witnesses, experts, digital evidence, pretrial motions, interpretation needs, scheduling of law-enforcement witnesses, and whether the case involves multiple defendants. In Los Angeles County Superior Court, a case may be assigned to a trial department shortly before jury selection, and the assigned judge controls the daily schedule and time estimates. A trial can also be delayed by legal issues outside the jury’s presence, including disputes over evidence or witness availability. A defense lawyer should give a realistic estimate but cannot guarantee an exact end date before the evidence and rulings develop.
Can the prosecutor use evidence that was obtained in an illegal search?
Not if the court grants a valid suppression motion. Penal Code § 1538.5 is the principal California procedure for challenging evidence obtained through an unlawful search or seizure. The defense may contest the legality of a traffic stop, detention, arrest, warrant, search of a home or phone, or seizure of property. If the court finds a Fourth Amendment violation and no exception applies, the court can exclude the unlawfully obtained evidence and, in some circumstances, derivative evidence obtained as a result. Suppression issues are often litigated before the jury is sworn, so jurors may never hear the disputed evidence. The precise procedure differs between felony and misdemeanor cases, and deadlines and prior hearing rulings can affect the available remedy.
What if the jury cannot agree on a verdict in my case?
California juries in criminal cases must reach a unanimous verdict on each count. If jurors cannot unanimously agree after reasonable deliberation, the judge may declare a mistrial as to the unresolved count or counts. That is commonly called a hung jury. A hung jury is not a conviction and not an acquittal. The prosecutor may generally decide to retry the unresolved charges, dismiss them, or seek another resolution, subject to constitutional and procedural limits. The jury can still return verdicts on counts it has resolved while remaining deadlocked on others. If jurors acquit on a count, double-jeopardy protections ordinarily bar another prosecution for that same offense. A mistrial does not automatically mean the case is over, but it can materially change negotiations and trial strategy.
Can I appeal if I am found guilty after trial?
A guilty verdict is followed by sentencing, and the defense can consider posttrial motions and an appeal. An appeal does not provide a second jury trial or allow new jurors to reevaluate witness credibility simply because the defense disagrees with the verdict. Instead, the reviewing court examines legal errors that were preserved or otherwise reviewable, such as erroneous evidentiary rulings, incorrect jury instructions, denial of a suppression motion, prosecutorial misconduct, insufficient evidence, or sentencing error. Strict filing deadlines apply, so counsel should evaluate the record promptly after judgment. In some cases, a motion for new trial in the trial court is appropriate before sentencing or judgment. For a case-specific assessment of trial, posttrial, or appellate options, Rubin Law, P.C. can be reached at (213) 723-2337.
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