CALIFORNIA LAW REVIEW

- Criminal Process -

Unlike a civil case, which is a private dispute, criminal cases involve persons who are charged by the government with violating laws. Examples of criminal cases are assault, burglary, embezzlement, rape, and murder. Crimes in California are divided into categories ranging from the most serious crimes to less serious crimes. The most serious crimes are called felonies. Murder and arson are felonies. A person convicted of a felony may be sent to prison for a year or more and may have to pay a fine. The next level of crime is a misdemeanor. A person convicted of a misdemeanor may be sent to jail for up to a year and receive a fine. Other violations, such as parking tickets and moving violations, are called infractions. A person guilty of these offenses cannot be sent to jail but can be fined.

The burden of proving a case against a person in a criminal proceeding (the defendant) is on the party bringing the charges (the government prosecutor). A criminal defendant does not have to prove his or her innocence; the prosecutor must prove that the defendant is guilty. Decisions in a criminal proceeding are based on a different standard than civil cases. In order for a person to be found guilty of a crime, the prosecution must prove the defendant is guilty beyond a reasonable doubt.

There are 12 jurors in a criminal case, and unlike a civil proceeding, all jurors must reach a guilty or not guilty verdict. If a jury fails to reach a unanimous verdict, it is a hung jury and a mistrial is declared. If a mistrial is declared, a new trial may be held.
Criminal Pretrial Process

The following is an outline of the pretrial procedures for a felony criminal case filed in California superior court.

When a crime is committed, the police conduct an investigation. When a person has been identified as the probable perpetrator of the crime, the evidence linking that person to the crime is presented to either a prosecutor (county attorney) or in some instances, a grand jury. The prosecutor can file a complaint against the defendant or the grand jury can indict a person. Based upon the complaint or indictment, a warrant for arrest or a summons to appear in court are issued to the suspect. Once a suspect is arrested, the suspect is charged with the crime. If police wish to question the suspect, the suspect must be given a Miranda warning, which advises the suspect of the right to not answer questions and the right to an attorney.

Soon after an arrest, a defendant must be taken before a judge, where the judge informs the defendant of the charge against him or her. The judge again informs the defendant of the right to an attorney. At that time, if the defendant cannot afford an attorney, a public defender is appointed. Although defendants have the right to represent themselves in court, most prefer to be represented by attorneys. Finally, at this initial hearing, the judge determines whether the defendant should be released on bail or kept in custody.

A defendant will be released on bail only if the judge determines that the defendant does not pose a threat to any person or the community. The amount of bail set depends on many factors, including the likelihood that the defendant will return for future proceedings and the nature and circumstances of the charged offense. If a defendant fails to report for a subsequent court appearance, the defendant forfeits the amount of the bail, and also may be punished with contempt of court or with criminal sanctions.

At the next court appearance, the judge reviews the evidence against the defendant to make sure there is probable cause to believe the defendant committed the offense. The next step is the defendant's arraignment. At the arraignment, the judge reads the charges to the defendant, and the defendant must make a plea. If the defendant pleads guilty, the court will not accept the plea until the judge fully explains to the defendant the consequences of such a plea and the maximum penalty provided by law. If the defendant persists in the guilty plea after the explanation, the plea is accepted, and the next step is sentencing. If the defendant pleads not guilty, the case proceeds to trial.

At any stage in the proceeding, the defendant and prosecutor can engage in plea bargaining. During plea bargaining, a defendant may agree to plead guilty to a lesser criminal charge in exchange for dropping the more serious charge.

Before a defendant is sentenced, there is a pre-sentence investigation. This investigation examines many factors, such as the defendant's criminal history, physical and mental condition, and family situation and background. At the sentencing hearing, the court considers the pre-sentence report, any trial evidence, evidence of aggravating or mitigating circumstances, and statements of the defendant and the defendant's victim(s), if any. Depending on the crime, a sentence may consist of a fine, a term of imprisonment, probabtion, or some combination thereof.

California judges have sentencing guidelines to follow when sentencing criminals. There are some instances when a judge may stray from the guidelines, but the judge must state the reasons for not following the guidelines.

If a defendant does not plead guilty along the way and charges are not dropped by the prosecutor, the next step is a trial.
Trial Process

Whether a case is civil or criminal, the basic outline of a trial is similar. The decision maker in a trial can be either a judge or a jury. There are rights to a jury trial in many cases, but this right may be waived by the parties.

If a jury trial is requested, the first step is selecting a jury. A group of persons selected for jury duty is brought into the courtroom and asked questions by the judge and attorneys for both sides. The questioning is to determine whether a person can be a fair and impartial juror. A person who cannot be fair may be removed for cause. Others may be eliminated from the jury by the attorneys without reason. This is known as a peremptory challenge. Each attorney has a limited number of peremptory challenges that he or she may make. When a jury is selected, the members are sworn in.

The next step is the opening statement. The opening statement allows each side to tell the jurors about the case, what to expect, and what they intend to prove. The plaintiff in a civil case and the prosecutor in a criminal case give their opening statements first.

After the opening statements, testimony begins. The plaintiff or prosecutor, whichever the case may be, calls witnesses to the stand and begins questioning them. The questioning of a witness by the party who asked that witness to testify is called direct examination. The opposing side also has the opportunity to question the witnesses; this questioning is called cross-examination. After cross-examination, the first party may question the witness again in rebuttal.

After the plaintiff or prosecution is done presenting its case, it is the defendant's turn. This time, the defense calls and questions witnesses, and the other side cross-examines them. Attorneys for either side may make objections to questions that the opposing side asks or evidence the opposing side wants to introduce. There are rules on what information is admissible in court, and the judge follows these rules when resolving any objections.

After both sides have presented their cases, attorneys give closing arguments. In closing, each attorney summarizes the facts of the case and states why his or her side should prevail. Finally, the judge gives instructions to the jury on the law to be applied in the case. After receiving the judge's instructions, the jury retires to decide the issues in the case. As mentioned before, a unanimous decision is not required in a civil case, but is required in a criminal case. If a party believes that there was an error at trial, he or she can appeal the decision to a higher (appeals) court. However, a prosecutor cannot appeal a not guilty verdict. Discussion of courts of appeals is contained in the California Court System Chapter.

 

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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