What You Need to Know About California Criminal Defense Laws
Navigating the criminal defense system in California can be a confusing process. From the moment of your arrest to the verdict, here’s everything you need to know about California criminal defense laws.
How does a criminal defense start?
A criminal defense starts from the moment an arrest occurs. When one gets arrested, the arresting officer should “Miranda” you. The term refers to reading you your Miranda rights, as established in the 1966 Supreme Court case Miranda V. Arizona.
The officer will say the following upon making the arrest:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford an attorney, one will be appointed for you.”
The statement may differ slightly, but the basic principles should be consistent. The statement is where the beginnings of one’s criminal defense form, as understanding your Miranda rights will position you well for the rest of the criminal defense process.
If law enforcement does not inform you of your rights, the case against you will likely suffer, and you should inform your lawyer. However, you should remember that Miranda rights only apply after an arrest is made, not before.
Therefore, if you wish to have a lawyer or remain silent before an arrest, you should communicate with law enforcement with statements such as, “I do not want to speak to law enforcement without my lawyer present.” The police can use your statements before your arrest against you in court, so it is best to consult a lawyer first.
After the arrest, the police will file a report. A defendant is unlikely to access this report, but their lawyer can. After the police file the report, the prosecutor must decide whether or not to file charges. When the defendant is in custody, the prosecutor has 48 hours from the time of the arrest to file charges.
Related: Criminal Defense FAQs in California
Getting a Lawyer
If you already have an attorney, you may call them to represent you. The court will assign a public defender to represent you if you do not have an attorney or cannot afford to hire one. In clear language, you should request to see your lawyer immediately following your arrest.
The Supreme Court has previously ruled that law enforcement officers conducting interrogations or questioning defendants do not have to clarify ambiguous requests for lawyers, such as “I think I want a lawyer.” Instead of making an ambiguous request, you should clearly state, “I am invoking my right to an attorney.”
Arraignment and Different Types of Pleas
An arraignment will follow charges. At the arraignment, the judge informs the defendant of the charges filed against them, their constitutional rights, and whether the court will appoint a lawyer due to the defendant’s inability to afford one. Then, the defendant may enter a plea. California has six types of pleas.
1. Guilty Plea
Pleading guilty means the defendant admits guilt for their charged crimes. A defendant may enter a guilty plea due to plea bargaining.
To get a conviction, the prosecution may offer a plea deal where the defendant agrees to plead guilty or, in some cases, no contest (nolo contendere) in exchange for certain benefits. This may be a sentence reduction, a change in where the defendant will serve their sentence or something else agreed upon by both parties.
A defendant may enter a guilty plea due to plea bargaining in some cases. If not entered due to plea bargaining, guilty pleas are usually the result of overwhelming evidence against the defendant. Often, defendants may enter a guilty plea to try and gain a favorable sentence.
Related: How to Find a Good Criminal Defense Lawyer in California
2. Not Guilty Plea
Pleading not guilty means the defendant does not admit guilt for the crimes they are charged with. This plea means the prosecution must prove through a trial that the defendant is guilty to convict.
3. No Contest (Nolo Contendere) Plea
A no contest plea, also known as pleading nolo contendere, is somewhat complicated. The court must approve this plea after determining if the defendant fully understands what the plea means. Upon pleading no contest, the court shall find the defendant guilty. The legal effects of a no contest plea are the same as a guilty plea.
However, one cannot use a no contest plea cannot as an admission in any civil suits against the defendants. Although the same as a guilty plea, a no contest plea does not require the defendant to admit guilt. Often, a defendant enters a no contest plea if they feel the prosecution has enough evidence to convict but does not want to admit guilt.
4. A former judgment of conviction or acquittal for the offense.
The defendant may enter this plea if they have already been convicted or acquitted of the crime. Defendants may not be convicted or acquitted of a crime twice.
5. Once in jeopardy
If the defendant has previously been tried for the crime in question, they may enter a once in jeopardy plea. As established in the fifth amendment of the U.S. Constitution, double jeopardy is prohibited, meaning defendants may not be tried twice for the same crime.
6. Not guilty by reason of insanity
The plea of not guilty by reason of insanity is also complicated. If one wishes to both say they are not guilty of the crime, meaning they did not do it and are not guilty of the crime, meaning they were not of sane enough mind to do it, they must enter both a not guilty and a not guilty by reason of insanity plea.
If the defendant only enters a not guilty by reason of insanity plea, then they admit commission of the offense but argue that they were not sane and therefore not responsible. All other pleas presume sanity.
When deciding how to plead, consult with an attorney. The plea is perhaps the most important aspect of criminal defense.
7. The Trial Process
After arraignment and entering a plea, defendants may go to trial. In California, misdemeanor cases with not guilty pleas and their variations lead to trial. Felony cases will go to a preliminary hearing unless the case settles or dismisses.
At the preliminary hearing, the judge decides whether there is enough evidence the defendant committed the crime for it to go to trial. If the judge moves the case to trial, the prosecutor will file a document called “the Information.” Then, there will be an arraignment, and the defendant will enter a plea.
Before trial, defendants will enter discovery. Discovery is when both sides collect evidence and exchange information. Either side may file pretrial motions. At trial, the burden of proof is on the prosecution. The term “a burden of proof” refers to the prosecution’s responsibility for providing enough evidence to prove to the jury, or in some cases to the judge, that the defendant is guilty beyond a reasonable doubt.
The defense’s responsibility is to push back against this evidence to ensure the jury or judge maintains a reasonable doubt about the defendant’s guilt. Since a defendant is innocent until proven guilty, the defense should have the advantage in this aspect. As a result, many prosecutors want to avoid going to trial through plea bargaining.
Defendants have a right to trial by a jury of their peers. Before trial, the defendant must decide if they wish for a jury trial or a court trial. In a jury trial, the jury decides guilt or innocence. In a court trial, the judge decides guilt or innocence. Jury trials are common, but defendants should consult their attorney before moving forward. Remember, defendants still have the right to remain silent during the trial. The court cannot use a defendant’s silence against them.
The California Penal Code on Pleas
Section 1382 of California Penal Code is the law for when the trial must start after a certain point. In misdemeanor cases, the trial must start within 30 days of the arraignment or plea if the defendant is in custody at the arraignment, or within 45 days of the arraignment or plea if the defendant is not in custody at the arraignment. For felony cases, the trial must start within 60 days of the arraignment on the Information. A defendant can waive the right to a speedy trial and agree to start the trial after the required time but should consult their attorney before doing so.
The Verdict and Your Options
After the conclusion of the evidence and closing arguments, the jury or judge will deliberate and deliver their verdict. If the jury finds the defendant guilty, options are available. Defendants may appeal their verdict upon consulting their attorneys.
Contact Us
If you or a loved one would like to learn more about California Criminal Defense Laws, get your free consultation with one of our Criminal Defense Attorneys in California today!