A Beginner’s Guide to California Criminal Law Procedure and Practice

A Beginner’s Guide to California Criminal Law Procedure and Practice

California’s criminal justice system presents a complex framework of procedural rules and substantive law that criminal defense attorneys must navigate to provide effective representation. From arrest through sentencing and appeal, each phase of the criminal process involves strategic decisions that can significantly impact case outcomes. 

California criminal law is primarily governed by the California Penal Code and supplemented by case law, constitutional principles, and local court rules. Offenses are classified into three primary categories, which determine both procedural handling and sentencing exposure:

• Infractions – Minor violations punishable by fines but not incarceration (e.g., traffic offenses).
• Misdemeanors – Offenses punishable by up to one year in county jail and fines (e.g., petty theft, DUI).
• Felonies – The most serious offenses, which may result in state prison terms, substantial fines, and long-term collateral consequences (e.g., robbery, murder).

The classification of charges dictates key procedural differences, including whether a defendant is entitled to a jury trial, the type of sentencing structure involved, and the applicability of diversion programs.

Arrest and Initial Detention

Legal Basis for Arrest

Under California law, an arrest requires probable cause—a reasonable belief that a crime has been committed and that the suspect committed it. Arrests may occur:

• With a Warrant – Supported by an affidavit establishing probable cause.
• Without a Warrant – Based on probable cause established through direct observation or investigation.

Challenges to Arrest Validity

Practitioners should evaluate the circumstances of the arrest for Fourth Amendment violations, including:

• Lack of probable cause.
• Warrant deficiencies (e.g., lack of specificity).
• Improper execution (e.g., entry into a home without a warrant or exigent circumstances).

Suppression motions under Penal Code § 1538.5 provide a key procedural tool for challenging unlawful arrests and seeking exclusion of evidence obtained as a result.

Booking and Bail

Following an arrest, the accused is typically taken to a county jail or police station for booking. This process includes fingerprinting, photographing, and recording personal information.

Bail Considerations

California’s bail system has undergone significant reform following In re Humphrey (2021), which established that bail determinations must account for a defendant’s financial means and non-monetary alternatives. Bail determinations are now governed by:

• Public safety considerations.
• Risk of flight.
• Ability to pay.

Defense counsel should advocate for release on own recognizance (ROR) or reduction of bail based on these factors.

Arraignment

The arraignment is the defendant’s initial court appearance, where the charges are formally presented, and the defendant enters a plea. Under Penal Code § 825, defendants must be arraigned within 48 hours of arrest (excluding weekends and holidays).

Plea Options

• Guilty – Admits to the offense and accepts sentencing.
• Not Guilty – Proceeds to pretrial proceedings.
• No Contest – Similar to a guilty plea but without admission of liability for related civil cases.

Bail Review at Arraignment

Defense counsel can request a bail modification or release on OR at arraignment, emphasizing mitigating factors and lack of flight risk.

Pretrial Proceedings

Discovery and Brady Obligations

California law mandates reciprocal discovery under Penal Code § 1054. The prosecution must disclose exculpatory evidence under Brady v. Maryland and all material evidence supporting or undermining the charges. Defense counsel should aggressively pursue:

• Police reports and body camera footage.
• Witness statements and expert reports.
• Forensic and laboratory test results.

Motions Practice

Pretrial motions are critical for shaping trial strategy and influencing evidentiary rulings. Common pretrial motions include:

• Motion to Suppress Evidence (Penal Code § 1538.5): Challenges evidence obtained through unlawful search and seizure.
• Motion to Dismiss (Penal Code § 995): Argues that the evidence presented at the preliminary hearing does not support the charges.
• Motion to Sever: Requests separate trials for multiple charges or co-defendants.
• Pitchess Motion: Seeks disclosure of police officer personnel records when misconduct is alleged.

Plea Negotiations

Plea bargaining resolves a substantial majority of criminal cases in California. Defense counsel should leverage procedural weaknesses and mitigating circumstances to negotiate favorable terms, including:

• Reduction of felony charges to misdemeanors under Penal Code § 17(b).
• Alternative sentencing arrangements, such as probation or drug treatment.
• Dismissal of enhancements or strike allegations.

Trial

California defendants have a constitutional right to a jury trial unless waived in favor of a bench trial.

Jury Selection

Voir dire is critical for identifying bias and shaping the jury pool. Counsel should use both peremptory challenges and challenges for cause strategically to exclude unfavorable jurors.

Trial Phases

• Opening Statements – Establish the theory of the case and highlight evidentiary themes.
• Prosecution Case-in-Chief – Cross-examine witnesses to expose inconsistencies and weaknesses.
• Defense Case – Present affirmative defenses, if applicable.
• Closing Arguments – Reinforce reasonable doubt and highlight prosecutorial failures.

Burden of Proof

The prosecution must establish guilt beyond a reasonable doubt—the highest evidentiary standard in the law. Defense counsel should exploit gaps in evidence and inconsistencies to reinforce reasonable doubt.

Sentencing

California’s sentencing scheme is governed by the Determinate Sentencing Law (DSL) and involves three possible terms for felony convictions:

• Low-Term
• Mid-Term
• High-Term

Sentencing Considerations

• Aggravating and mitigating factors under California Rules of Court, Rule 4.421 and Rule 4.423.
• Enhancements for prior convictions, use of weapons, or gang affiliations.
• Eligibility for alternative sentencing, including drug treatment or probation.

Strategic Considerations for Defense Counsel

• Early case evaluation – Identify procedural deficiencies and evidentiary weaknesses early to shape defense strategy.
• Leverage plea negotiations – Use prosecutorial overreach or evidentiary gaps to secure favorable plea terms.
• Assert constitutional violations – Motion practice under the Fourth, Fifth, and Sixth Amendments can significantly weaken the prosecution’s case.
• Prepare for sentencing – Emphasize mitigating factors and alternative sentencing options to reduce client exposure.

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