If the police have ever stopped you while driving, a certain amount of anxiety can kick in. Questions are likely to swirl in your mind. Do you have to answer their questions? Can they search your car? Is there anything you should say or not say? Having a passing knowledge of basic California criminal defense laws and what rights they bestow upon you under these and other circumstances can significantly impact how your police encounter resolves. 

And if you do get charged with a crime, understanding your rights and defenses is essential. Below, we detail the criminal process, common defenses, and the legal protections available under California criminal defense statutes.

Legal Protections for Defendants Under California and U.S. Law

California is known for its progressive legal protections that enhance many constitutional rights.  The criminal process also offers specific rights designed to protect individuals at all stages, from pre-arrest through trial.

  • Miranda rights. Law enforcement must inform you of your rights. This includes the right to remain silent and your right to have an attorney present during questioning.
  • Right to legal counsel. Under the Sixth Amendment, you’re entitled to an attorney’s guidance at every stage of the criminal process.
  • Speedy trial. For misdemeanors, the State has 45 days after your arraignment to bring your case to trial (30 days if you are in custody)—and for felonies, the State has 60 days after your arraignment to bring your case to trial. If you have not waived this right and the State fails to meet this requirement, your case can be dismissed.
  • Protection against double jeopardy. You cannot be retried for the same offense once acquitted.
  • Protection against unlawful searches: Officers need probable cause, a valid warrant, or your consent to search your person, car, or home (Cal. Const. Art. I, § 13).

Asserting these rights, especially those that pertain to your arrest, can prevent self-incrimination or the unlawful collection of evidence. To understand how they apply to your unique circumstances, consult an experienced attorney.

What Happens After an Arrest?

The criminal process in California follows a structured path:

  • Booking—police record your arrest details, take fingerprints, and photograph you;
  • Bail or release—you may secure release on bail or personal recognizance, depending on the circumstances;
  • Arraignment—in court, you hear the charges against you and enter a plea of guilty, not guilty, or no contest;
  • Pretrial motions and negotiations—your attorney investigates, conducts discovery, negotiates plea deals, and files motions to suppress unlawfully obtained evidence;
  • Trial—if no plea agreement is reached, the prosecution must prove your guilt beyond a reasonable doubt before a judge or jury; and
  • Outcome—a trial ends in either an acquittal or a guilty finding that necessitates sentencing.

Each step provides opportunities for legal intervention and the employment of defense strategies.

Legal Defenses Under California Criminal Defense Laws

The proper defense can significantly impact the outcome of your case. Here are some strategies often used in criminal cases.

Self-Defense or Defense of Others

California law allows using reasonable force to protect yourself or others from imminent harm, especially in your home. Your attorney will argue that your actions were necessary to prevent serious injury.

Mistaken Identity

Mistaken identity is a frequent issue in criminal cases because eyewitnesses can get it wrong and misidentify suspects. This is especially true when an accuser is under stress because a crime is occurring. Your attorney can use DNA evidence, surveillance footage, alibis, poor lighting, and other relevant circumstances to discredit their identification and create reasonable doubt.

Unlawful Search and Seizure

Evidence may be inadmissible if law enforcement obtained it without proper warrants or probable cause to search or seize it. This defense is often pivotal in drug possession and weapons cases, but it can be used in any case where critical evidence was illegally obtained.

Lack of Intent or Accident

Many crimes require proof of intent. If your actions were accidental, this could serve as a powerful defense. For example, accidentally hitting someone with your car while avoiding a road hazard, like another pedestrian, wouldn’t meet the intent threshold for vehicular assault under California law.

Why Choose Comings Law?

At Comings Law, we don’t just understand the Golden State’s criminal defense laws; we use them to protect your future. From filing pretrial motions to arguing your case in court, we bring deep knowledge, strategic planning, and relentless advocacy to every case.

You deserve more than generic representation. You deserve a defense attorney who listens, crafts a tailored strategy, and fights for the best outcome possible. Call us today for a confidential consultation, and let Attorney Comings help you reclaim control of your life.

FAQs

What Happens If the Police Didn’t Read Me My Miranda Rights?

Your case won’t be dismissed automatically, but any statements made without Miranda warnings given might be deemed inadmissible. If those statements are critical enough, their suppression could lead to a dismissal. If not, it can greatly weaken the State’s case against you.

Can I Afford a Private Attorney?

If hiring private counsel seems out of reach, California provides public defenders for those who qualify.  

How Long Does a Criminal Case in California Take?

The timeline depends on the complexity of the charges. While misdemeanors may resolve in months, felony cases can extend for a year or more.

Resources:

  • Cal. Pen. Code § 1382, link
  • Cal. Pen. Code § 1538.5, link
  • Inside the Fifth Amendment Miranda Warning. U.S. Courts, link
  • Guide to criminal court in California. California Courts, link
  • Cal. Pen. Code § 245, link