What Do You Do if You Are On Trial For a Crime in California?

In California, accused criminals are generally entitled to a fair trial. Pending the defendant's first appearance in a Criminal Court, they are advised to acquire legal representation, following whose legal counsel they may choose to plead guilty, not guilty, or no contest based on the evidence and associated penalties in the accused's case. Defendants who cannot afford a private lawyer are usually assigned attorneys from the county Public Defender's Office.

After entering a plea in response to the alleged charges, the judge may set a bail bond, release the defendant on their "own recognizance," or refuse bail and send the defendant back to jail. Ultimately, the ideal course of action will depend on the severity of the charges and the accused's culpability.

Public California criminal records are also accessible through third-party websites. These sites may offer the convenience of a statewide database where individuals can perform single or multi-record searches. To search these platforms, users may be required to provide information to facilitate the search, including:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state in which the person resides or was accused.

Since third-party sites are independent of government sources and not sponsored by these agencies, record availability, accuracy, and validity may not be guaranteed. 

What Percentage of Criminal Cases Go to Trial in California?

California Courts publish annual court statistics detailing the state's caseload trend and performance by court tier. The 2017/2018 fiscal year report indicates that only 3% of felony cases, 1% of misdemeanor cases, and under 8% of infractions made it to trial in California. According to this data, most criminal cases in the state are resolved following a plea bargain. In selected cases, the prosecution dismisses charges due to the lack of evidence, and some defendants prevail at preliminary hearings if the judge grants their motion to suppress evidence.

When Does a Criminal Defendant Have the Right to a Trial?

Criminal defendants in California have the right to a trial as soon as a criminal charge is filed against them. Upon arrest, the prosecutor handling a case is tasked with deciding whether or not to file charges and, if so, what charges to file. Following the filing, an arraignment is scheduled, and the defendant may decide to enter a plea bargain or plead not guilty. A trial date is typically set when the criminal defendant opts to plead 'not guilty' to the charges leveled against them.

What are the Stages of a Criminal Trial in California?

The defendant, prosecutor, defense attorney, and plaintiff are required to be present on the scheduled trial date.

Below are the stages of a criminal trial in California:

• Motion filing by the defendant's attorney (if applicable)
• Conference with counsel on both sides to get a general overview of the case
• Jury selection per California's Code of Civil Procedure 223
• Opening Statements are made by the prosecuting attorney first, followed by the defense attorney
• Prosecution's case (evidence and witness testimonies)
• Defense's case (evidence and witness testimonies)
• Prosecution's rebuttal (if any)
• Closing arguments
• Jury instructions, verdict, and possible sentencing

Before sentencing, additional stages involved in capital offense trials include:

• Grand Jury's deliberation of aggravated circumstances and mitigating circumstances
• Victim impact statements
• Jury sentence recommendations
• Judge's sentencing

How Long Does it Take For a Case To Go to Trial in California?

All criminal defendants in the State of California have the fundamental right to a "speedy" trial. This right is guaranteed under the Sixth Amendment to the U.S. Constitution and Article I, Section 15, of the California Constitution. California Penal Code 1382 further defines what a "speedy trial" is, depending on the severity of a criminal charge.

For a felony, a criminal defendant can be brought to trial within 60 days of arraignment, mistrial, or appealed retrial. This time frame is reduced to 30-45 days for misdemeanor cases. Generally speaking, California's criminal procedures allow an accused to be arraigned in court between 48 hours and a few weeks.

Most defendants, especially those remanded in jail, want to enforce their rights to a trial. Even then, a defendant may decide to "waive time" and consent to a later trial date than the law provides.

What Happens When a Court Case Goes to Trial in California?

When a court case goes to trial in California, the judge and attorneys are required to select and screen jurors. Usually, the attorneys representing both the plaintiff and the defendant are required to interrogate the jurors to ensure their fairness and impartiality.

During the trial, both the prosecution and defense will present and support their cases with evidence and witness testimonies. The burden of proving guilt in an ongoing criminal case rests solely on the state government. As such, the prosecutor may prove each element of the charges beyond a reasonable doubt.

The prosecution can introduce rebuttal testimony or evidence if the defense also provides evidence. After all the tangible evidence is presented, closing arguments are presented, and the jury is tasked with deliberating and concluding whether the defendant is guilty or not. If found guilty beyond a reasonable doubt, sentencing will follow on the same day or at a later hearing date.

Can You Be Put on Trial Twice for the Same Crime in California?

No. In accordance with the Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitution, an acquitted defendant can never be tried again for the same crime in California. This means that if a jury panel declares a person not guilty in a court of competent jurisdiction, the defendant will be released and never be retried for the exact charges in the same state. Notwithstanding, a case can be tried a second time in California if:

• The case was dismissed based on delay and insufficient evidence
• Within the jurisdiction of the federal court or courts of other states
• If the trial ended with a "hung jury" that is, a jury that could not unanimously agree on a verdict
• If the trial ended in a mistrial

Note that the law maintains that a "not guilty" finding is not similar to a finding of innocence. Thus, details of the arrest and acquittal will still show on the defendant's criminal record.

How Do I Lookup a Criminal Court Case in California?

California Courts feature various services for looking up transcripts, dockets, and records of ongoing, pending, and concluded criminal cases within their jurisdiction. These methods may include:

• Visiting the particular courthouse in person
• Making request via mail to the clerk of the respective court
• Requesting records online through the courts' websites or using third-party alternatives such as CourtRecords.us

To look up a criminal case in person, requestors are generally required to identify the particular courthouse handling the case. This is easy if the querying party knows the superior court or appellate court where the case was taken. Each courthouse assigns a court clerk to manage and keep case files for future reference. Therefore, all requests for the information included in criminal case files may be directed to the applicable court clerk. The clerk will require the case number, names of the parties involved, or the approximate date the case was filed. Some counties provide request forms to facilitate this process. Where the requester does not know the case number or where a case was filed, they may check the criminal indexes or search through court files in different county courthouses.

To submit a request for information included in a court case file by mail, the requester will need to send an application to the applicable court clerk. Many California Courts provide detailed guides on how to get records by mail on their websites. While some courts may require written applications, others may need the requester to download, print, and complete an application form. The courts also require the requester to provide the appropriate fees in the form of a check or money order as well as a self-addressed stamped envelope for return postage. Interested persons may contact the courthouse prior to sending the request for other inquiries.

How to Access Electronic Court Records in California

Some California courts allow online access to dockets, transcripts, and other public information in criminal case files. The steps for obtaining e-records vary from one county courthouse to another. Most counties provide an online searchable index of criminal cases filed within their jurisdiction. To use this, interested persons can remotely search by name, filing date, or case number without going to the courthouse.

California court clerks do not maintain verbatim reports and trial transcripts of criminal cases. Typically, these can be found with the attending court reporter, prosecutor, or defense attorney for the case. The online availability of transcripts generally varies among courts.

The California Appellate Courts Case Information System contains criminal cases accepted and reviewed by the Supreme Court or the Court of Appeals.

Criminal cases handled in any of California's four federal district courts can be accessed online via the Public Access to Court Electronics service (PACER).

Additionally, only public information is available through the online court portals. Juvenile delinquency proceedings, information identifying victims and witnesses, and other confidential/sensitive information cannot be located using online resources.

How Do I Remove Public Court Records in California?

To remove public court records in California, the court is usually required to intervene. Interested persons may follow these steps to obtain a court order authorizing the sealing or removal of a public criminal court record in California:

• Seek legal advice first from an attorney
• Petition the particular courthouse where the charges were filed or the arrest was made
• Attend the scheduled hearing
• Provide evidence on why sealing the record is in the best interest of justice.
• The judge may then deny the motion or issue a court order/subpoena instructing the clerk to seal parts or all of the record.

While criminal court records are public records in California, some may be restricted to selected persons with direct and tangible interest in them. Such confidential records may include sensitive personal information, the identity of victims and witnesses, and juvenile delinquency and dependency records.