info@bajajlaw.com
(619) 525-7005
Most criminal cases never reach trial. When one does, it follows a predictable sequence. Knowing the stages helps you understand what your lawyer is doing, and why certain decisions have to be made early.
How the stages run in San Diego
Downtown San Diego criminal cases are heard at the Central Courthouse. After arraignment, an in-custody defendant generally has a right to a preliminary hearing within 10 court days under Penal Code 859b unless time is waived. Many cases then go to a readiness conference, where offers and trial dates are addressed. Penal Code 1382 sets speedy-trial deadlines: generally 60 days after felony arraignment on the information, and 30 or 45 days in misdemeanor cases depending on custody.
Before trial
A felony case usually begins with an arraignment, where the charges are read and a plea is entered, followed by a preliminary hearing at which a judge decides whether there is enough evidence to hold you for trial. Pretrial motions, such as a motion to suppress evidence under Penal Code § 1538.5, are often where cases are won or narrowed. You have a right to a speedy trial. In a felony case, trial must generally begin within 60 days of arraignment on the information unless you agree to a delay (Penal Code § 1382). Shorter deadlines apply to misdemeanors.
1. Jury selection (voir dire)
The judge and lawyers question potential jurors about their backgrounds and possible biases. Each side may remove jurors “for cause” without limit and may use a set number of peremptory challenges (Code of Civil Procedure § 231). Jurors also may not be removed because of race, ethnicity, gender or similar characteristics (CCP § 231.7).
Jurors are summoned by the court. Learn the penalties for missing jury duty and how to postpone service.
2. Opening statements
The prosecutor gives an opening statement first, describing what the evidence will show. The defense can give its opening immediately afterward or wait until the start of its own case. Opening statements are not evidence.
3. The prosecution’s case
The prosecution calls witnesses and introduces exhibits. The defense cross-examines each witness. Cross-examination is often the most important part of a trial, because it is where inconsistencies, weak identification and unreliable testing come out.
4. Motion for acquittal
After the prosecution rests, the defense can ask the judge to enter a judgment of acquittal on any charge the evidence cannot support (Penal Code § 1118.1 in a jury trial). If granted, that charge ends there.
5. The defense case
The defense does not have to present any evidence. The burden of proof stays with the prosecution throughout. You have an absolute right not to testify, and the jury is told it cannot hold your silence against you. If the defense does present evidence, the prosecution may cross-examine and may offer rebuttal evidence.
6. Closing arguments and jury instructions
Each side argues what the evidence proved. Because the prosecution has the burden, it argues first and last. The judge then instructs the jury on the law, including the elements of each charge and the meaning of “proof beyond a reasonable doubt” (CALCRIM No. 220).
7. Deliberations and verdict
In California, a criminal jury verdict must be unanimous (Cal. Const., art. I, § 16). If the jurors cannot agree, the judge may declare a mistrial because of a hung jury, and the prosecution decides whether to try the case again.
8. Sentencing, and the right to appeal
If there is a conviction, the court generally pronounces judgment within 20 judicial days after the verdict (Penal Code § 1191), often after a probation report. The defense may present mitigating information and argue for probation, a lower term, or an alternative sentence.
Either way, the case may not be over. A defendant can appeal a conviction or sentence. In a felony case, the notice of appeal must generally be filed within 60 days after judgment (Cal. Rules of Court, rule 8.308), and in a misdemeanor case within 30 days (rule 8.853). On appeal, the defense argues in writing, and often orally, that legal errors affected the result. The appeal is decided on the trial record, so new evidence is not usually presented. That is one reason the work done at trial matters so much.
Preparing for trial
Trial outcomes are shaped long before the jury is seated: by the investigation, the motions, and the decision about whether a plea offer is worth taking. Attorney Vikas Bajaj tries cases in San Diego County Superior Court and in federal court in the Southern District of California. Read more about our office’s approach to violent crimes and federal criminal defense.
This article is general information about California and federal law, not legal advice for your situation. Laws change, and the right answer depends on your facts. Written by attorney Vikas Bajaj, Law Office of Vikas Bajaj, APC, San Diego.
Related: plea deals.
Related: downtown San Diego courthouse.
Related: reducing a felony before trial.
Talk with attorney Vikas Bajaj. He represents clients across San Diego County. Call (619) 525-7005.