Navigating the criminal justice system can be overwhelming, especially if you’re facing charges or supporting someone who is. In California, understanding how jury trials work is crucial, as they are a fundamental right and a core part of the criminal process. This clear and comprehensive guide breaks down how jury trials function in California criminal cases — from arrest to verdict — in plain language.
What Is a Jury Trial?
A jury trial is a legal proceeding where a group of citizens (jurors) is selected to hear evidence in a criminal case and decide whether the defendant is guilty or not guilty. In California, a jury typically consists of 12 people for felony cases, and usually 6 people for misdemeanor cases.
Unlike a bench trial, where a judge makes the decision, a jury trial relies on the judgment of peers from the community. The jury must reach a unanimous verdict in criminal trials — all jurors must agree.
Who Has the Right to a Jury Trial?
Under both the U.S. Constitution (6th Amendment) and the California Constitution, individuals charged with crimes have the right to a jury trial. This applies to:
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Felony charges: Always entitles the defendant to a jury trial.
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Misdemeanor charges: Jury trial is available but can be waived.
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Infractions: Typically, there is no right to a jury trial (e.g., traffic violations), as they are not considered criminal offenses.
A defendant may waive the right to a jury trial and choose a bench trial, but this must be done knowingly and voluntarily, and the judge and prosecution must agree to it.
Stages of a Criminal Jury Trial in California
A California criminal jury trial typically follows these steps:
1. Pre-Trial Proceedings
Before a trial begins, several legal procedures take place:
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Arraignment: The defendant is formally charged and enters a plea.
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Pretrial Motions: Lawyers may file motions to dismiss charges, suppress evidence, or compel discovery.
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Plea Bargaining: In many cases, a plea deal is negotiated to avoid trial.
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Trial Readiness Conference: Final scheduling and discussions occur before trial starts.
If no plea agreement is reached and the case moves forward, the trial is set.
2. Jury Selection (Voir Dire)
The first phase of a jury trial is jury selection, known as voir dire. During this process:
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Potential jurors are called from the community.
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Attorneys for both sides (defense and prosecution) ask questions to determine biases or conflicts.
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Each side can use challenges for cause (unlimited) or peremptory challenges (limited) to excuse jurors.
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The final jury is selected and sworn in.
Goal: Create an impartial jury that can fairly judge the case based on the evidence presented.
3. Opening Statements
Each side delivers an opening statement outlining their case:
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Prosecutor goes first and presents the state’s case against the defendant.
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Defense attorney follows, offering an overview of the defense.
Opening statements are not evidence but help jurors understand what to expect.
4. Presentation of Evidence
This is the core of the trial:
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Prosecution presents its case first, calling witnesses and introducing evidence.
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Defense has the opportunity to cross-examine these witnesses.
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After the prosecution rests, the defense presents its case, though it’s not required to — the burden of proof is on the prosecution.
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The prosecution may offer rebuttal witnesses after the defense.
Types of evidence may include:
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Witness testimony
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Physical evidence (e.g., weapons, documents)
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Audio/video recordings
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Expert witnesses (e.g., forensic analysts)
5. Closing Arguments
Once all evidence is presented:
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Attorneys deliver closing arguments to summarize their case.
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They aim to persuade the jury to accept their interpretation of the facts.
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Prosecutor goes first and last; the defense speaks in the middle.
Closing arguments help jurors frame the evidence before deliberations.
6. Jury Instructions
Before deliberation begins, the judge provides jury instructions, which include:
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Legal definitions (e.g., reasonable doubt, specific charges)
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How jurors should evaluate evidence
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Reminders to remain impartial
These instructions are crucial, as they guide the jury in applying the law to the facts they heard.
7. Jury Deliberation
Jurors move to a private room to deliberate. Key points:
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They must elect a foreperson to lead discussions.
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The goal is to reach a unanimous verdict (all 12 agree for felonies).
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If they cannot agree after extensive deliberation, the judge may declare a hung jury, resulting in a mistrial.
Deliberation can take hours to days, depending on the case complexity.
8. Verdict
Once a verdict is reached:
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Jurors return to the courtroom.
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The verdict is read aloud by the court clerk.
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Possible outcomes:
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Guilty
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Not guilty
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Hung jury (if no agreement)
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If the verdict is “not guilty,” the defendant is acquitted and released. If “guilty,” sentencing may be scheduled at a later date.
What Happens After a Jury Verdict?
If the defendant is found guilty:
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A sentencing hearing is scheduled.
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The judge considers the sentencing range, criminal history, and other factors.
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The defendant may be eligible to appeal the conviction.
If not guilty, the case ends, and the defendant cannot be retried for the same offense (double jeopardy).
Frequently Asked Questions
How long does a jury trial take in California? It depends on the case. Some misdemeanor trials may last a day or two. Felony trials, especially those involving complex charges, can take weeks or even months.
What is “reasonable doubt”? It’s the standard the prosecution must meet. If jurors have any reasonable doubt about the defendant’s guilt, they must acquit. This is the highest burden of proof in U.S. law.
Can a defendant be tried again after a hung jury? Yes. If there is a mistrial due to a hung jury, the prosecution may choose to retry the case. It is not considered double jeopardy.
What happens if a juror breaks the rules? Jurors must follow strict instructions (e.g., no outside research, no talking about the case). If a juror violates these rules, they may be removed or lead to a mistrial.
Conclusion
A jury trial in California criminal cases is a structured process with clearly defined rights and responsibilities. From jury selection to verdict, the goal is to ensure a fair and impartial resolution based on evidence and law. Whether you are a defendant, a legal supporter, or simply someone wanting to understand the system, knowing how jury trials work empowers you to better navigate the criminal justice system.
If you’re facing criminal charges or supporting someone who is, consider consulting with a qualified California criminal defense attorney to protect your rights and ensure you understand every stage of the trial process. The attorneys at Southwest Legal have a proven track record of aggressively defending clients and achieving results — whether through trial, negotiation, or dismissal.
We provide:
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Expert representation in felony and misdemeanor jury trials
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Personalized legal strategies tailored to your case
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Clear communication every step of the way
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Decades of combined courtroom experience
Call us today for a free, confidential consultation and let our experienced defense attorneys stand up for your rights and your future. Your freedom deserves a fierce defense. Choose Southwest Legal.
