Criminal procedure in California
As one of the fifty states of the United States, California follows common law criminal procedure. The principal source of law for California criminal procedure is the California Penal Code, Part 2, "Of Criminal Procedure." With a population of about 40 million people, in California every year there are approximately: There are currently 130,000 people in state prisons and 70,000 people in county jails. Of these, there are 746 people who have been sentenced to death. Arrest. The first step in criminal procedure is for the defendant to be arrested by the police. In California, the  police may arrest a person: If the police are claiming that they have an arrest warrant, the defendant can demand to be shown it. If the police do not have the warrant with them at the time, they can still make the arrest, but they must show the warrant to the defendant "as soon as practicable." Citation instead of Arrest. Alternatively, instead of arrest the police may choose to issue a citation (i.e. "notice to appear in court") if the police believe the risk of the defendant not showing up to court for arraignment (see next section below) is low . The effect is the same as arrest, but the defendant does not have to be handcuffed and taken to jail and instead remains free as long as they go to their arraignment. If the defendant fails to appear in court for their scheduled arraignment, the judge will most likely issue an arrest warrant and the police will then go into the community, find the defendant, and take them into custody. Search. After being arrested, the defendant may be searched by the police. If the police would like to search a person or their property before making an arrest, they must  have probable cause to do so or a signed search warrant from a judge. A search warrant is different from an arrest warrant. Interrogation. If the police want to interrogate the defendant, they must first read the Miranda warning to the defendant, advising them of their rights. The defendant does not have to answer any questions of the police. Pre-Trial Custody. Upon arrest, the police will take the defendant to the local (city or county) pre-trial jail. This differs from state prison. Prison is for defendants that have been convicted of a crime after a trial and are  now serving their sentence. After taking the defendant to jail, the police may decide to release the defendant with a notice-to-appear in court for their arraignment. The police cannot release the defendant on bail before the arraignment because the judge is required to set the bail amount. Arraignment. After arresting the defendant, the police are required by law to bring the defendant to court within 48 hours (excluding court holidays) for the arraignment hearing. The arraignment is a very short court hearing. At the arraignment, the judge will: Preliminary examination. If the defendant was charged with a  felony, they have a right to a preliminary examination. If the defendant was charged only with a misdemeanor, they have no right to a preliminary examination but may make a motion (i.e. a request) for one. At the preliminary examination, the defendant and the criminal defense attorney can challenge the legality of the arrest. For example, they can claim the police did not have probable cause to arrest the defendant. If successful, the defendant is set free. Pre-trial. Setting the Date for Trial. Defendants in California have the following statutory Speedy Trial rights. These rights exists for several reasons . Most importantly, they exist to ensure defendants do not stay in jail for months and years waiting for a trial. Defendants are frequently asked if they would like to waive their speedy trial rights. To waive a right means to give it up. One reason why the defendant may want to waive their speedy trial rights is so that they can have time perform their own investigation by an independent third-party which may produce different results from the investigation done by the police. The results of the third-party investigation can then be presented at trial to the jury . Discovery. Discovery is the process of exchanging documents between the District Attorney and the Defense Attorney that may contain evidence. In California, the District Attorney is required to turn over everything they plan to present at trial at least 30 days ahead of time, as well as any evidence that might help the Defendant show that they are innocent (see Brady disclosure). The Defense Attorney is not required to give incriminating evidence to the District Attorney, but must also turn over whatever they plan to present at trial at least 30 days ahead of time. New Public Defender. If the  Defendant is having a problem with the Public Defender and would like a new one, they can tell the court they are making a "Marsden motion." The court will then have a special hearing, called a Marsden hearing, where the District Attorney is not allowed to be in the room. There, the Defendant can explain how the Public Defender is not being helpful and the judge can decide if the Defendant should be given a new attorney. Self-Representation. A defendant may choose to act as their own attorney by making a Faretta motion. This should be done as early  as possible because making such a motion close to the trial date gives cause for the judge to deny the motion. Trial. Jury Selection. Jury selection is a lengthy process in which the District Attorney and the Defense Attorney take turns asking questions to potential jurors. Both sides can disqualify jurors that they think won't help them. The process ends when both sides find 12 jurors plus one standby juror that they both accept, or both sides run out of juror challenges. Each side can disqualify 10 potential jurors each without giving a reason to the judge. After 10  challenges, they have to show good cause (i.e. give a reason) to continue disqualifying potential jurors. Opening Statements. Since the Defendant is assumed innocent until proven guilty, the District Attorney has the burden of proving their case, so they make the first opening statement that summarizes the evidence they will present at trial. They summarize their point of view of what happened and why they believe the jury should find the defendant to be guilty of the crimes charged. The Defense Attorney can then make their opening statement, or choose to reserve their opening statement until the District Attorney rests  their case. Prosecution's Case. The prosecution calls all the witnesses one by one. Witnesses are not allowed to sit in the courtroom, and must wait outside until they are called to testify on the stand. Each time the District Attorney calls a witness for Direct examination, the Defense Attorney is allowed to ask questions as well of the same witness as part of Cross-examination. After the District Attorney has called all their witnesses and presented all of their evidence, the District Attorney announces they rest their case. This means they are finished explaining why they think the defendant  is guilty. The prosecution must prove their case beyond reasonable doubt. This means the evidence must be so convincing that there is no doubt left in the minds of the jury that the defendant is guilty and that the only way for them to doubt the evidence is to make "unreasonable" assumptions. (i.e. maybe aliens from Mars put the murder weapon in the defendant's car.) It is the highest standard of proof used in American law. Defense's Case. The Defense Attorney then calls all of their witnesses. The Defense Attorney can call new witnesses as well as witnesses  that the District Attorney called. After the Defense Attorney asks questions to the witness as part of Direct examination, the District Attorney can also ask them questions as part of Cross-examination. The Defense Attorney's strategy will be either to undermine the District Attorney's claims (i.e. say that the DA has failed to prove their case by poking holes in their theory and undermining the credibility of the witnesses and evidence) or to present an "affirmative defense" (i.e. actively prove the Defendant is innocent by introducing their own evidence, such as a video showing the Defendant was out  of town when the crime happened.) The Defense Attorney could also do both. Defendant's Testimony. The defendant has the absolute right to take the stand as a witness to testify (in self-defense) or not testify (avoid self-incrimination) at trial. The defendant's decision on this issue is of such importance that it cannot be overridden by a competing interest. (i.e. No matter what arguments are made by the DA or even the defense attorney, the defendant's choice to testify or not testify must be honored.) Closing Statements. Each side then summarizes what happened during the  trial and their final thoughts as to why the jury should vote guilty or not guilty. Jury Deliberation. The jury is sent into a private room where they deliberate. All 12 jurors must vote guilty in order to convict the defendant. Verdict. After the jury reaches a verdict, they return to the courtroom and the court clerk announces the verdict. Sentencing. If the verdict is guilty, the judge gives the sentence for the crime. Criminal sentences can include any of the following, depending on the particular crime: Probation. After deciding on a sentence, the court may also put the defendant  on probation, especially if it is the defendant's first criminal conviction, the crime itself was not very serious, and the defendant's behavior indicates they have learned from the experience. When granted probation, the imposition of the sentence on the defendant is suspended and the defendant does not have to pay the fine or become imprisoned as long as they comply with the terms of their probation as set by the judge. Probation terms may include obligations to perform community service. If the terms of the probation are violated, the court can then impose the original sentence. Appeal. In  California, criminal defendants have the right to appeal both felony and misdemeanor convictions. If the defendant is convicted of a misdemeanor, they have the right to be released on bail pending the outcome of their appeal. Misdemeanor appeals are heard by the Appellate Division of the California Superior Court. Felony appeals are heard by the California Court of Appeal. Appeals from judgements of death are heard by the California Supreme Court.