What Actually Happens at a Criminal Jury Trial?
Television makes a jury trial look like one dramatic cross-examination followed by a verdict.
A real criminal trial is much more structured. Before the jury hears the first witness, lawyers may litigate evidence, select jurors and decide what the jury will—and will not—be permitted to hear.
Then the prosecution presents its case. The defense gets to test that evidence through cross-examination, present defense evidence when appropriate, and argue whether the government has met its burden of proof.
What Is the Defense Trying to Accomplish at Trial?
A criminal defendant does not have to prove innocence. The prosecution bears the burden of proving the charged offense beyond a reasonable doubt.
That makes the defense's job different from simply “telling another story.” The defense can test whether witnesses are reliable, expose gaps and inconsistencies, challenge exhibits, present affirmative evidence when appropriate, and show why the government's proof does not establish every required element.
The Defendant Does Not Start a Criminal Trial Having to Prove Innocence
The presumption of innocence and the prosecution's burden of proof shape the entire trial.
The government must prove the elements of the charged crime beyond a reasonable doubt. The defense can challenge whether that burden has been satisfied.
This matters because a defense case does not necessarily require a defendant to produce a witness for every prosecution witness or an alternative explanation for every fact.
Sometimes the most important defense is showing what the government's evidence does not prove.
The Major Stages of a California Criminal Jury Trial
The details vary from case to case, but a criminal jury trial generally moves through a recognizable sequence.
Pretrial Motions
Before testimony begins, the judge may decide evidentiary issues that determine what the jury will be allowed to hear or see.
Jury Selection
Prospective jurors are questioned so the court and attorneys can identify issues affecting their ability to fairly decide the case.
Opening Statements
The attorneys introduce the case and explain what they expect the evidence will show. Opening statements are not themselves evidence.
Prosecution's Case
The prosecution calls witnesses and introduces evidence. The defense has the opportunity to cross-examine prosecution witnesses.
Defense Case
The defense may call witnesses or introduce evidence, but whether to present a defense case depends on the circumstances and strategy.
Closing Arguments
The attorneys argue what the admitted evidence proves and how the jury should apply the court's instructions.
Jury Instructions
The judge instructs jurors on the applicable law, the charged offenses, the burden of proof and the rules governing deliberations.
Deliberations & Verdict
Jurors deliberate privately, evaluate the evidence under the instructions and attempt to reach a verdict.
The Trial Starts Before the First Witness
Jury selection is not simply about finding people who promise to “be fair.”
Jurors come into court with life experiences, assumptions and beliefs. The questioning process can reveal whether those experiences might affect the way a juror approaches issues important to the case.
The questions can vary dramatically depending on the charge. A DUI case may raise attitudes about drinking and driving. A domestic violence case may involve assumptions about relationships and alleged victims. A theft case may raise entirely different experiences and biases.
Opening Statement Is a Roadmap—Not Evidence
The Prosecution
The prosecutor generally explains the government's theory and previews the witnesses and evidence expected to support the charge.
But what an attorney says in opening is not evidence. The evidence comes from testimony, exhibits and other material admitted during trial.
The Defense
A defense opening can help jurors understand what they should pay attention to as the prosecution presents its case.
Depending on the facts, that may mean highlighting a disputed identification, inconsistent accounts, missing evidence, problems with an investigation, self-defense, or another issue central to reasonable doubt.
Direct Examination and Cross-Examination
Trial is where statements written in police reports can be tested in front of the jury. Witnesses testify under oath and may be questioned about what they saw, heard, remembered and previously said.
Direct Examination
The attorney who calls a witness asks questions designed to present that witness's testimony and relevant evidence.
Cross-Examination
The opposing attorney can test perception, memory, assumptions, inconsistencies and other weaknesses in the testimony.
Prior Statements
Depending on the circumstances and applicable evidence rules, prior statements may become important when testimony changes or conflicts with earlier accounts.
Exhibits
Photographs, recordings, documents and physical evidence may be introduced through witnesses who establish the necessary foundation.
Expert Witnesses
Some cases involve specialized testimony concerning scientific, medical, forensic or other technical issues.
Objections
The judge rules on evidentiary objections that determine which questions may be answered and what evidence reaches the jury.
Does the Defendant Have to Testify?
No. A criminal defendant has a constitutional right not to testify.
Whether a defendant should testify is a separate strategic decision that depends on the facts of the individual case.
There are cases where the defendant's testimony may provide important evidence—for example, when the defense turns on what the defendant personally perceived or did.
In other cases, the defense may determine that the prosecution has not met its burden and that putting the defendant on the witness stand would create unnecessary risks.
This decision should be made after evaluating the prosecution's evidence, the defense evidence, potential cross-examination, admissibility issues and the overall trial strategy.
Most of the Work Happens Before the Jury Ever Walks In
This video discusses the pretrial process. Although I originally explain it through the context of a DUI case, much of the basic workflow also applies to other criminal cases.
Before trial, the defense may be reviewing discovery, investigating witnesses, negotiating, litigating motions, preparing exhibits and deciding which disputed issues will ultimately need to be presented to a jury.
At the End, the Pieces Have to Fit Together
By closing argument, the jury has heard the testimony and seen the admitted exhibits. The lawyers can argue what that evidence means—but they cannot replace evidence with argument.
For the defense, this is where individual problems in the government's case can be brought together and measured against the prosecution's burden of proof.
What Happens After Closing Arguments?
After receiving the court's instructions, jurors deliberate outside the presence of the attorneys, defendant and judge.
During deliberations, jurors may review admitted evidence and may submit questions to the court. How a question is handled depends on the issue and the judge's ruling after consulting with the attorneys.
In a California criminal case, a guilty verdict requires jury unanimity. An acquittal is a not-guilty verdict. If jurors cannot unanimously reach a verdict after appropriate deliberation, the court may ultimately declare a mistrial as to an unresolved count.
A mistrial from a hung jury is not the same thing as an acquittal. What happens afterward depends on the circumstances of the case.
Understand What Happens Before and During Trial
California Criminal Jury Trial FAQs
Does a criminal defendant have to prove innocence?
No. The prosecution bears the burden of proving the charged offense beyond a reasonable doubt. A defendant is presumed innocent unless and until the prosecution satisfies that burden.
Does the defendant have to testify at trial?
No. A criminal defendant has a constitutional right not to testify. Whether testifying is strategically advisable is a separate decision based on the circumstances of the case.
What is voir dire?
Voir dire is the jury-selection process. Prospective jurors are questioned about matters that may affect their ability to fairly and impartially decide the case.
Are opening statements evidence?
No. Opening statements allow the attorneys to introduce their theories and preview expected evidence. The jury decides the case from evidence admitted during trial and the law provided by the judge.
What happens during cross-examination?
The opposing attorney questions a witness after direct examination. Cross-examination can test the witness's observations, memory, account, prior statements and other matters permitted by the court.
Can the defense decide not to call any witnesses?
Yes. The prosecution carries the burden of proof. Whether the defense should call witnesses or introduce evidence is a strategic decision based on the case.
Does a criminal jury verdict have to be unanimous in California?
A guilty verdict in a California criminal jury trial requires unanimity. If the jury cannot reach the required unanimous verdict, the court may ultimately declare a mistrial on the unresolved charge.
Is a hung jury the same as being found not guilty?
No. An acquittal is a not-guilty verdict. A hung jury means the jurors were unable to reach the required unanimous verdict. The consequences after a mistrial depend on the circumstances.
Should every criminal case go to jury trial?
No. Whether to proceed to trial depends on the evidence, defenses, potential consequences, available resolutions and the client's objectives. Trial is one possible path, not automatically the right path for every case.
Preparing for a Criminal Jury Trial in Orange County?
Trial preparation starts well before opening statement. I want to know what each witness has previously said, what the body-camera or surveillance video actually shows, which exhibits may be admitted, where the prosecution's evidence conflicts, and which facts matter under the jury instructions.
The goal is not simply to walk into court and argue. It is to know the evidence well enough to decide what needs to be challenged, what needs to be explained, and what the prosecution still has to prove.
Hieu Vu
California Attorney · State Bar No. 265669
Tustin, Orange County
Attorney Advertising. This page provides general information about California criminal jury trials and is not legal advice. Trial procedure, evidentiary rulings, available defenses and strategy depend on the particular facts, charges and applicable law. No particular result is guaranteed. Contacting the office does not by itself establish an attorney-client relationship.