California criminal procedure is the set of rules that govern a criminal case from the moment of arrest through sentencing and any appeal that follows. These rules come from the U.S. Constitution, the California Constitution, the Penal Code, and the Evidence Code, and they set hard deadlines, define what evidence can be used, and give defendants specific tools to challenge the state’s case at each stage. Missing a deadline or crossing a constitutional line can decide whether charges hold up or collapse.
Arrest and the First 48 Hours
A peace officer can arrest you with a warrant or, under Penal Code 836, without one when the officer has probable cause to believe you committed a crime in their presence, or probable cause to believe you committed a felony whether they saw it or not.1California Legislative Information. California Code PEN 836 – Arrest by Peace Officer A misdemeanor the officer did not witness generally requires a warrant. The Fourth Amendment prohibits unreasonable seizures, so an arrest without proper justification can be challenged later.
Before any custodial interrogation, officers must give Miranda warnings: the right to remain silent, the warning that statements can be used as evidence, the right to an attorney, and the right to appointed counsel if you cannot afford one.2Congress.gov. Constitution Annotated – Miranda Requirements Skipping the warnings does not void the arrest, but it can make statements inadmissible at trial.
For many misdemeanor arrests, Penal Code 853.6 directs officers to use cite-and-release rather than jail, sending the person off with a notice to appear.3California Legislative Information. California Code PEN 853.6 – Cite and Release For more serious offenses, the suspect is booked and held, and Penal Code 825 requires that an arrested person be brought before a judge without unnecessary delay and no later than 48 hours after arrest, not counting Sundays and holidays.4California Legislative Information. California Code PEN 825 – Arraignment Timeline
Bail and Pretrial Release
Under Penal Code 1275, a judge setting bail weighs public safety first, then the seriousness of the charges, the defendant’s record, and the risk of flight.5California Legislative Information. California Code PEN 1275 – Bail The California Constitution prohibits excessive bail, but courts can deny bail entirely in cases involving serious or violent felonies.
A judge can also grant release on your own recognizance. Under Penal Code 1318, you sign a release agreement promising to appear at every court date, obey conditions the court sets, and stay in California unless given permission to leave.6California Legislative Information. California Code PEN 1318 – Release on Own Recognizance OR release is common for lower-level offenses and defendants with clean appearance histories.
Many counties publish standard bail schedules that set default amounts by offense, and judges can go above or below them. Defendants who cannot post the full amount often use a bondsman, who charges a non-refundable fee to guarantee the bail. If you fail to appear after posting bail, the court forfeits it and issues a bench warrant.
Arraignment and Your Plea
At arraignment, the judge reads the charges, explains your rights and the potential consequences, and asks for a plea. Penal Code 988 governs the mechanics: the charges are read aloud, a copy is provided, and the defendant is asked to plead.7California Legislative Information. California Code PEN 988 – Arraignment Procedure
If you cannot afford a lawyer, Penal Code 987 requires the judge to inform you of your right to counsel and assign one at public expense if you want representation but cannot pay. The court can require financial disclosures to confirm eligibility.8California Legislative Information. California Code PEN 987 – Appointment of Counsel
You must enter one of three pleas. Guilty leads to sentencing. No contest carries the same criminal effect but cannot be used as an admission of fault in a later civil lawsuit. Not guilty moves the case into pretrial proceedings and, for a felony, toward a preliminary hearing.
California also allows a combined plea of not guilty and not guilty by reason of insanity. Under Penal Code 1026, this triggers a two-phase proceeding: the court first tries guilt as if only a not-guilty plea had been entered, and if the defendant is found guilty, a second phase determines whether the defendant was legally insane at the time of the offense.9California Legislative Information. California Code PEN 1026 – Not Guilty by Reason of Insanity
Preliminary Hearing in Felony Cases
Felony cases include a screening step where a judge decides whether there is enough evidence to make the defendant stand trial. The standard is probable cause, not proof beyond a reasonable doubt. If the judge is satisfied, the defendant is “held to answer” and the case proceeds.
Penal Code 859b requires the preliminary hearing to take place within 10 court days of arraignment or plea, whichever is later. If the defendant is in custody and the hearing is delayed past that window without good cause or a defense waiver, the court must dismiss the complaint.10California Legislative Information. California Code PEN 859b – Preliminary Hearing Timeline Defense attorneys track this deadline closely.
The hearing is adversarial but limited. After the prosecution’s witnesses, the defense may call its own, though Penal Code 866 gives the judge discretion to limit defense testimony to evidence that would negate an element of the crime, establish a defense, or impeach a prosecution witness. The statute states explicitly that the preliminary hearing is not a discovery tool.11California Legislative Information. California Code PEN 866 – Preliminary Examination California also permits felony charging by grand jury indictment, in which case there is no preliminary hearing, but most felonies go the preliminary-hearing route.
Pretrial Motions That Can End or Shrink a Case
Before trial, both sides file motions that can decide what evidence the jury hears or whether the case continues at all. A few come up constantly.
Motion to Suppress Evidence
Under Penal Code 1538.5, you can ask the court to exclude evidence obtained through an illegal search or seizure, including a warrantless search with no valid exception, a warrant lacking probable cause, or a search beyond the scope of the warrant.12California Legislative Information. California Code PEN 1538.5 – Motion to Suppress Evidence Coerced confessions and unlawful traffic stops fall under the same framework. At the hearing, the defense first shows that a search or seizure occurred, and then the prosecution must justify it. In cases that depend on physical evidence, a successful suppression motion can effectively end the prosecution.
Motion to Compel Discovery
Penal Code 1054.1 requires the prosecution to turn over witness names and statements, physical evidence, any prior felony convictions of key witnesses, and any exculpatory evidence favorable to the defendant.13California Legislative Information. California Code PEN 1054.1 – Prosecution Discovery Obligations If the prosecution fails to disclose, the defense can move to compel. Sanctions range from excluding the undisclosed evidence to adverse jury instructions to dismissal. The U.S. Supreme Court held in Brady v. Maryland that suppressing evidence favorable to the defense violates due process.14Justia. Brady v. Maryland, 373 U.S. 83 (1963)
Motion to Dismiss and Speedy Trial
Under Penal Code 995, a defendant can move to set aside an indictment or information on the ground that there was no reasonable or probable cause to hold them to answer at the preliminary hearing.15California Legislative Information. California Code PEN 995 – Setting Aside the Indictment or Information If the judge agrees the evidence fell short, the charges can be dismissed or reduced.
Dismissal is also available for speedy-trial violations. Penal Code 1382 sets deadlines: for misdemeanors, trial must begin within 30 days of arraignment if the defendant is in custody, or 45 days out of custody; for felonies, within 60 days of arraignment on the information or indictment.16California Legislative Information. California Code PEN 1382 – Speedy Trial Blowing those windows, with no valid continuance or waiver, is grounds for dismissal.
Jury Selection
Voir dire is tightly regulated. Under Code of Civil Procedure 222.5, the trial judge conducts the initial examination of prospective jurors, and then each attorney questions them directly. The statute requires judges to allow “liberal and probing examination” aimed at uncovering bias.17California Legislative Information. California Code CCP 222.5 – Jury Selection Examination
Attorneys remove jurors two ways. A challenge for cause requires showing the juror cannot be impartial and is unlimited in number. A peremptory challenge needs no stated reason but is capped.18California Legislative Information. California Code CCP 225 – Trial Juror Challenges Batson v. Kentucky bars peremptory challenges based on race and requires a race-neutral explanation when discrimination is alleged.19Justia. Batson v. Kentucky, 476 U.S. 79 (1986)
California goes further. Code of Civil Procedure 231.7, enacted through AB 3070, prohibits peremptory challenges based on race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation. The statute does not require proof of intentional discrimination; it is enough that an objectively reasonable person would view the protected characteristic as a factor in the challenge. It also lists reasons presumed invalid, including a juror’s distrust of law enforcement, neighborhood, employment status, or ability to speak another language.20California Legislative Information. California Code CCP 231.7 – Peremptory Challenges It is one of the most aggressive jury-selection anti-discrimination statutes in the country and changes the practical dynamics of voir dire considerably.
Trial and the Evidence Rules
Trial opens with each side’s opening statements. The prosecution goes first and must prove every element of the charge beyond a reasonable doubt. The defense is not required to prove anything but may call witnesses, present experts, and cross-examine the prosecution’s witnesses.
The California Evidence Code controls what the jury hears. Evidence Code 1200 bars hearsay, meaning out-of-court statements offered to prove the truth of what was said.21California Legislative Information. California Code EVID 1200 – Hearsay Rule Exceptions cover statements made in the heat of the moment, dying declarations, business records, and more, but the default is exclusion. Attorneys raise objections in real time and the judge rules on the spot.
Digital evidence has become a frequent battleground. Screenshots, social media posts, and text messages face heightened scrutiny because they can be altered or fabricated. Courts require authentication before admission, which can involve testimony from the person who created the content, metadata analysis showing source and timing, or expert forensic testimony. A screenshot with no verified chain of custody is more vulnerable than a forensic capture with embedded timestamps and cryptographic verification.
Sentencing
Penal Code 1170 sets up California’s determinate sentencing system, where many felonies carry a triad of possible prison terms (low, middle, and upper). The judge selects one based on aggravating and mitigating circumstances, criminal history, and any plea agreement.22California Legislative Information. California Code PEN 1170 – Determinate Sentencing Depending on the offense, alternatives include probation, fines, community service, and county jail. For some crimes, mandatory minimums apply, and probation can carry tailored conditions such as drug treatment, electronic monitoring, or restitution.
Victims have a right to be heard. Under Penal Code 1191.1, the victim, the victim’s parents or guardians if the victim is a minor, or the victim’s next of kin if the victim has died can appear at sentencing and address the court about the crime, the person responsible, and the need for restitution. The judge must consider those statements and note on the record whether the defendant would pose a public safety threat on probation.23California Legislative Information. California Code PEN 1191.1 – Victim Impact Statements
California’s Three Strikes law under Penal Code 667 raises the stakes for repeat offenders. One prior serious or violent felony doubles the sentence for a new felony. Two or more prior serious or violent felony convictions can trigger 25 years to life, but only if the new offense is also a serious or violent felony.24California Legislative Information. California Code PEN 667 – Three Strikes Law Before Proposition 36 passed in 2012, any felony could serve as the third strike. That reform narrowed the life-sentence trigger considerably.
Appeals and Habeas Corpus
A convicted defendant can appeal, asking a higher court to review the record for legal errors. The California Court of Appeal hears most criminal appeals; the California Supreme Court takes cases raising significant legal questions. The deadlines are strict: 60 days after judgment for felonies and 30 days for misdemeanors.25Judicial Branch of California. California Rules of Court Rule 8.308 – Time to Appeal
An appeal is not a new trial. No new witnesses testify, and no new evidence comes in. The appellate court reviews the existing record for legal mistakes that may have affected the outcome. Common grounds include improper jury instructions, admission of evidence that should have been excluded, prosecutorial misconduct, judicial error, and ineffective assistance of counsel. If the court finds prejudicial error, it can reverse the conviction, order a new trial, or modify the sentence.
Once direct appeals are exhausted, a petition for a writ of habeas corpus is still available. Under Penal Code 1473, grounds include false evidence that was material to the conviction, new evidence discovered after trial that more likely than not would have changed the outcome, and significant disputes over expert testimony that affected the case.26California Legislative Information. California Code PEN 1473 – Habeas Corpus Habeas petitions are difficult to win but serve as a critical check on fundamental miscarriages of justice.
Clearing the Conviction Afterward
California allows certain convictions to be cleared after you have served your sentence. Under Penal Code 1203.4, a person who has completed probation and is no longer serving a sentence, on probation, or facing new charges can petition the court to withdraw a guilty or no-contest plea, or set aside a guilty verdict. If granted, the court dismisses the case.27California Legislative Information. California Code PEN 1203.4 – Dismissal After Probation
A 1203.4 dismissal releases you from most penalties and disabilities tied to the conviction, which matters for employment, housing, and other areas where a record creates barriers. The relief has real limits. A dismissed conviction can still be used as a prior in future criminal cases. It does not restore firearm rights. And you must still disclose the conviction when applying for public office or a state license. The statute requires the court to inform the petitioner of these restrictions at the time of the order.
Eligibility is broader than many people assume. Even defendants who were not originally granted probation can petition for relief in some circumstances, and courts have discretion to grant the petition “in the interest of justice.” Filing fees vary by county, and fee waivers are available for those who cannot afford to pay.