How Does a Criminal Jury Trial Work in California? A Step-by-Step Guide
The short answer: a California criminal jury trial follows a fixed sequence set by Penal Code section 1093: the jury is selected, the charges are read, each side gives an opening statement, the prosecution presents its evidence, the defense presents its evidence if it chooses to, the prosecution may rebut, both sides argue, the judge instructs the jury on the law, and the jury deliberates until it reaches a unanimous verdict or reports that it cannot. Most misdemeanor trials in the Inland Empire take one to three days; felony trials take a week or more. Most cases resolve before a jury is sworn, and the ones that do not are the cases where the defense believed the prosecutor could not prove every element beyond a reasonable doubt.
Why this guide exists. Defendants who have never seen a trial imagine television, and defendants who have been through one know it is mostly waiting, followed by a few hours that decide everything. This guide walks through what actually happens in a courtroom at the Riverside Hall of Justice, the San Bernardino Justice Center, the Southwest Justice Center in Murrieta, or the Van Nuys and Pomona courthouses, what the judge, the prosecutor, and the jurors are each doing, and how the decisions made before the first juror is seated shape the verdict. Confirm local scheduling and check-in practices on each court's website.
The Right to a Jury Trial and the Decision to Go
The right. The Sixth Amendment guarantees a jury in serious criminal cases under Duncan v. Louisiana (1968) 391 U.S. 145, and California extends the right to every misdemeanor and felony charge; Penal Code section 689 provides that no one can be convicted of a public offense except by a jury verdict, a court finding after a jury waiver, or a plea. A defendant can waive the jury and have the judge decide the case in a bench trial, but only with the prosecutor's consent, and that choice is rare in criminal cases.
Why cases go to trial. Cases are tried when the prosecutor's offer is worse than the realistic risk at trial, when the defendant is innocent, or when a conviction of any kind carries a consequence the defendant cannot accept, such as deportation, a strike, or sex offender registration. Our guides on whether to take a plea deal and what makes a criminal case weak explain how that risk is measured. Offers in Riverside and San Bernardino County courts frequently expire at the trial readiness conference, so the decision is usually made before the trial date, not on it.
Speedy trial. Under Penal Code section 1382, a misdemeanor must be tried within 30 days of arraignment if the defendant is in custody and 45 days if not, and a felony within 60 days of arraignment on the information, unless the defendant waives time. Most defendants waive time to let the defense prepare, and a limited waiver keeps pressure on the prosecutor. A continuance requires good cause under Penal Code section 1050.
Before Trial: The Readiness Conference and Motions in Limine
The trial readiness conference. Days before the trial date, the court holds a readiness or trial-setting conference where both sides announce whether they are ready, exchange witness lists and exhibit lists, and confirm time estimates. This is where the last offer is made and where many cases resolve. Our guide on the pretrial conference explains what happens on the dates leading up to it. Discovery must be complete by then under Penal Code section 1054.1 and Penal Code section 1054.3, and a party that withholds evidence faces sanctions under Penal Code section 1054.5.
Trailing. In busy courthouses such as the Riverside Hall of Justice and the San Bernardino Justice Center, cases that announce ready are often sent to a master calendar department and then "trail" for days until a trial courtroom opens. The defendant must be available every day during that window, and a defendant who fails to appear on a trailing day faces a bench warrant, as explained in our guide on missing court.
Motions in limine. Once the case is assigned to a trial judge, both sides file motions in limine asking the court to admit or exclude evidence before the jury hears it. Common defense motions ask the court to exclude prior convictions offered to impeach the defendant under Evidence Code section 788, to bar other-acts evidence under Evidence Code section 1101, and to exclude anything whose prejudice outweighs its value under Evidence Code section 352. In domestic violence cases the prosecutor moves to admit prior acts of abuse under Evidence Code section 1109. A suppression motion under Penal Code section 1538.5 should already have been heard, as explained in our 1538.5 guide.
Jury Selection
The panel. A large group of prospective jurors is brought to the courtroom from the jury assembly room. The judge explains the charges in neutral terms, introduces the lawyers and the defendant, reads the witness list, and asks the panel about hardship and conflicts. Jurors must meet the qualifications in Code of Civil Procedure section 203, which include citizenship, residence in the county, and no current felony status.
Voir dire. The judge and then each lawyer question the prospective jurors. The prosecutor looks for jurors who trust police testimony and who will convict on one witness; the defense looks for jurors who take reasonable doubt seriously and who have had their own experience with a mistaken accusation or an overreaching officer. Good voir dire is a conversation, not a lecture, and it is the only time the lawyers can speak directly with the people who will decide the case.
Challenges for cause and peremptory challenges. A juror who cannot be fair is excused for cause, with no limit on the number. Each side then has a set number of peremptory challenges under Code of Civil Procedure section 231, which can be used without stating a reason, except that a challenge based on race, ethnicity, gender, or another protected characteristic is prohibited under Batson v. Kentucky (1986) 476 U.S. 79 and People v. Wheeler (1978) 22 Cal.3d 258. California tightened that rule in Code of Civil Procedure section 231.7, which lists reasons presumed invalid and lowers the showing needed to challenge a strike. Twelve jurors and usually one to three alternates are sworn.
The Trial Itself
Opening statements. Under Penal Code section 1093, the prosecutor opens first and the defense may open immediately after or reserve until the defense case begins. An opening statement is a preview of the evidence, not argument. A defense opening that promises evidence the defense cannot deliver is a serious mistake, because the prosecutor will remind the jury of the broken promise in closing.
The prosecution's case. The prosecutor calls witnesses in the order that tells the story: the complaining witness or the officer first, then the lab analyst, the detective, and any expert. Each witness is examined by the prosecutor, cross-examined by the defense, and may be redirected. The defense's cross-examination is where the case is usually won or lost, and it is built on the discovery, the preliminary hearing transcript, body camera video, and the witness's prior statements. Every out-of-court statement offered for its truth must fit a hearsay exception, and testimonial statements by an absent witness are barred under Crawford v. Washington (2004) 541 U.S. 36. Read our guide on how prosecutors build criminal cases.
Objections and sidebars. The judge controls the trial under Penal Code section 1044 and rules on objections as they arise. Most objections are to hearsay, foundation, relevance, and leading questions. Disputes that require discussion are handled at sidebar or with the jury excused. Nothing said outside the jury's presence is evidence.
The motion for acquittal. When the prosecution rests, the defense may move for a judgment of acquittal under Penal Code section 1118.1 on any count the evidence cannot support. The judge asks whether a reasonable jury could find each element, viewing the evidence in the prosecution's favor. The motion is granted rarely, but it is granted in cases where a required element, such as intent to sell in a possession for sale case or the sustained fear required for criminal threats, simply was not proved.
The defense case. The defense has no burden and often calls no witnesses, relying on cross-examination and the reasonable doubt instruction. When the defense does present a case, it may call alibi witnesses, an expert, a character witness, or the defendant. The decision whether the defendant testifies belongs to the defendant alone. A defendant who does not testify is protected: under Griffin v. California (1965) 380 U.S. 609 the prosecutor may not comment on the silence, and the jury is instructed not to consider it. A defendant who does testify can be impeached with prior felony convictions involving moral turpitude and with prior inconsistent statements, which is why the choice is made only after the prosecution rests.
Rebuttal and closing argument. The prosecutor may call rebuttal witnesses limited to the defense case. Closing arguments follow, with the prosecutor arguing first, the defense second, and the prosecutor closing last because the prosecution bears the burden of proof. Closing is the one time the lawyers may argue inferences, credibility, and reasonable doubt directly. A defense closing walks through each element and shows the jury where the evidence stops short.
Instructions, Deliberations, and the Verdict
Jury instructions. The judge reads the jury the law from the CALCRIM pattern instructions, including CALCRIM 220 on reasonable doubt and the instruction that lists the elements of each charged offense. The instructions are settled with the lawyers before closing under Penal Code section 1127, and the defense may request instructions on lesser included offenses and defenses supported by the evidence. The prosecution must prove every element beyond a reasonable doubt under In re Winship (1970) 397 U.S. 358, and the jury is told that the defendant is presumed innocent.
Deliberations. The jurors retire with the exhibits, elect a foreperson, and deliberate in private. They may send written questions to the judge and ask for testimony to be read back. Deliberations on a misdemeanor often take hours; on a multi-count felony, days. Verdicts on each count must be unanimous, and the jury may convict on a lesser included offense if it acquits on the greater.
Hung juries and mistrials. If the jury reports that it cannot agree, the judge may ask whether further deliberation would help and may give additional guidance, but cannot coerce a verdict. When the judge finds no reasonable probability of agreement, the court declares a mistrial under Penal Code section 1140. The prosecutor may retry the case, dismiss it, or make a better offer; how the jury split is often the deciding factor, and a jury that leaned toward acquittal frequently produces a dismissal or a reduced plea.
The verdict. The verdict is read in open court, and either side may ask that the jurors be polled individually. An acquittal is final and cannot be appealed by the prosecution. After a guilty verdict, the defendant is either remanded or allowed to remain on release pending sentencing, which is set within the period provided by Penal Code section 1191 unless waived. Read our guide on how sentencing works.
After the Verdict
New trial motion. Before sentencing, the defense may move for a new trial under Penal Code section 1181 on grounds that include juror misconduct, newly discovered evidence, an error of law, or a verdict contrary to the evidence. The court may also reduce the degree of the offense or the conviction to a lesser included offense when the evidence supports only the lesser.
Appeal. A conviction can be appealed to the appellate division for a misdemeanor or the Court of Appeal for a felony, on the record made at trial. Objections that were not made at trial are usually forfeited, which is one reason a trial lawyer objects even when the judge is likely to overrule. Deadlines are short and run from sentencing, so the decision to appeal should be made immediately.
What the record means later. A conviction after trial carries the same consequences as a conviction by plea, including probation terms, immigration exposure under Penal Code section 1016.3, and firearm bans, and it can later be dismissed under Penal Code section 1203.4 after probation, as explained in our expungement guide. A wobbler conviction can be reduced under Penal Code section 17, subdivision (b), at sentencing, as explained in our 17(b) guide.
How to Prepare as a Defendant
Show up, every day, on time. Trials in the Inland Empire courts run on the judge's schedule, and a defendant who is late holds up twelve jurors who notice. Dress as you would for a job interview, sit still, and do not react to testimony; jurors watch the defendant more than they watch the witnesses.
Do not talk about the case. Do not discuss the case in the hallway, the elevator, or the parking structure, where jurors are walking. Do not post about the trial, and do not contact any witness. Our guides on text messages and what not to say to police apply with full force during trial.
Prepare to testify, and prepare not to. If there is any chance you will testify, practice with your lawyer, answer only the question asked, and expect the prosecutor to confront you with every prior statement. If you will not testify, understand the instruction the jury will receive and trust the reasonable doubt argument.
Frequently Asked Questions
How long does a criminal jury trial take in California?
One to three days for most misdemeanors and a week or more for felonies. Jury selection can take a full day, the evidence portion depends on the number of witnesses, and deliberations can take hours or days. Cases in busy courthouses such as the Riverside Hall of Justice often trail for several days before a courtroom opens.
Do I have to testify at my own trial?
No. The decision belongs to you alone, and under Griffin v. California (1965) 380 U.S. 609 the prosecutor cannot comment on your silence. If you do testify, you can be cross-examined and impeached with qualifying prior convictions and prior inconsistent statements, so the choice is made with your lawyer after the prosecution rests.
What happens if the jury cannot reach a verdict?
The judge declares a mistrial. Under Penal Code section 1140 the court discharges a jury that cannot agree after reasonable deliberation. The prosecutor may retry the case, dismiss it, or offer a better plea, and the direction of the split often decides which.
Can I have a judge decide my case instead of a jury?
Only with the prosecutor's consent. A bench trial requires the defendant, defense counsel, and the prosecutor to waive the jury, and in California criminal cases prosecutors rarely agree. Nearly every contested criminal trial is a jury trial.
How many jurors must agree to convict?
All twelve. Verdicts on each count must be unanimous, for both guilt and acquittal. A jury that splits on any count is hung on that count, which results in a mistrial rather than a conviction or an acquittal.
Can the prosecutor appeal if I am acquitted?
No. An acquittal by a jury is final under the double jeopardy clause. The defense can appeal a conviction, and deadlines run from sentencing, so the decision should be made right away.
Talk to a Trial Lawyer About Your Case
Gramling Law Group prepares and tries misdemeanor and felony cases in the Riverside Hall of Justice, the Southwest Justice Center, the Larson Justice Center, the San Bernardino Justice Center, the Rancho Cucamonga, Fontana, and Victorville courthouses, the Van Nuys, Pomona, Long Beach, and Antelope Valley courthouses, the Orange County justice centers, and throughout the Inland Empire, Los Angeles County, Orange County, and Southern California. Daniel Gramling, Esq. offers flat-fee criminal defense and limited-scope options so the cost of taking a case to trial is known before the readiness conference. Call (909) 654-4575 or contact us through this website for a consultation.
This article is educational and is not legal advice. Reading it does not create an attorney-client relationship. It addresses California law only.
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