An Overview of the California Jury Trial Process

Understanding the California Criminal Jury Trial Process: A Step-by-Step Guide

Facing criminal charges in California can be overwhelming, and the idea of going to trial often brings uncertainty and stress. One of the best ways to ease that anxiety is to understand what actually happens during a California criminal jury trial. Knowing the process empowers defendants and helps them participate meaningfully in their defense.

As a California criminal defense attorney, I guide clients through each stage—protecting their rights, challenging the prosecution’s case, and ensuring the trial process is fair. Below is a clear, approachable breakdown of how jury trials work in California’s criminal courts.

Pre-Trial Preparation and Motions

Before the trial begins, both sides may file various motions. Common examples include:

• Motions to Suppress Evidence (challenging evidence obtained illegally)

• Motions in Limine (requests to exclude or limit certain testimony or exhibits)

• Discovery motions (compelling the prosecution to turn over evidence)

These hearings shape what the jury will—and will not—be allowed to hear.

Jury Selection (Voir Dire)

The trial officially starts with voir dire, the process where attorneys and the judge question potential jurors to uncover bias.

What happens during voir dire?

• A panel of potential jurors is brought into the courtroom.

• The judge asks general questions.

• Attorneys then question jurors more specifically.

• Both sides can challenge jurors “for cause” (bias, hardship) or use a limited number of peremptory challenges (no reason required, but not based on protected characteristics).

The goal is to seat a fair, impartial jury capable of deciding the case solely on the evidence.

Opening Statements

Once the jury is sworn in, each side may present an opening statement.

• The prosecution goes first, outlining the charges and previewing the evidence they intend to present.

• The defense may follow immediately or wait until after the prosecution rests.

Opening statements are not evidence—they are roadmaps meant to help jurors understand how each side views the case.

Prosecution’s Case-in-Chief

Because the state has the burden of proof, the prosecution presents its evidence first.

This stage may include:

• Police officer testimony

• Civilian witnesses

• Expert witnesses

• Physical evidence (videos, forensic evidence, documents)

The defense has the right to cross-examine every witness, challenge exhibits, and highlight inconsistencies or credibility issues.

Motion for Judgment of Acquittal (Penal Code §1118.1)

After the prosecution rests, the defense may request a directed verdict—arguing that the state failed to present sufficient evidence on one or more elements of the charge.

If granted, the case ends immediately.
If denied, the trial proceeds.

Defense Case (If Any)

The defense may—but is not required to—present its own evidence or witnesses. The defendant is never obligated to testify, and jurors are instructed not to hold that choice against them.

Defense evidence may include:

• Alibi witnesses

• Expert testimony

• Character evidence (with limitations)

• Physical or documentary evidence that contradicts the prosecution

The prosecution cross-examines defense witnesses just as the defense cross-examines theirs.

Rebuttal and Surrebuttal

Either side may present additional evidence to address new issues raised.

Rebuttal is limited in scope and cannot re-argue the entire case.

Jury Instructions

Before deliberations, the judge reads the CALCRIM jury instructions, which explain:

• The elements of each charge

• The prosecution’s burden of proof (beyond a reasonable doubt)

• How to evaluate witness credibility

• Legal definitions and standards relevant to the case

These instructions are crucial—they control how jurors evaluate the evidence.

Closing Arguments

After instructions, the attorneys give closing arguments.

• The prosecution argues first.

• The defense argues second.

• The prosecution may give a brief rebuttal because they bear the burden of proof.

Closing arguments tie together the evidence and witness testimony, each side urging the jury to adopt its interpretation of the facts.

Jury Deliberations

The jury is escorted to the deliberation room and begins discussing the case privately.

Important points:

• Jury deliberations are confidential.

• A verdict must be unanimous in criminal cases.

• If the jury cannot agree, the judge may declare a hung jury, leading to a mistrial.

Verdict

Once jurors reach a decision, they return to the courtroom, and the clerk reads the verdict(s) aloud.

Possible outcomes include:

• Not Guilty (the defendant is acquitted and released)

• Guilty (the case moves to sentencing)

• Hung Jury (the prosecution may retry the case)

Sentencing (If Applicable)

If the defendant is found guilty, the court schedules a sentencing hearing. The defense may present mitigating evidence, request alternatives to jail, or argue for reduced penalties.

Final Thoughts: The Value of a Strong Defense

The jury trial process in California is complex and filled with opportunities to protect your rights—if you have a knowledgeable advocate by your side. From challenging evidence before trial to presenting a compelling case in the courtroom, a skilled criminal defense attorney plays a critical role at every step.

If you or someone you know is facing criminal charges, understanding the process is a powerful first step. The next is getting experienced legal representation. Contact the Davis W. Hewitt Law Office to schedule a free confidential consultation at his Chico office.