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Jury Trials in California

3,425 views · Published 6 October 2011 · 3:43 · Indexed 20 September 2026

Channel: Shouse Law Group Channel · 2011 · Education

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More info at http://www.shouselaw.com/jury-trial.html 888-327-4652 'Jury Trials in California criminal cases' - explained by former cop turned defense lawyer Michael Scafiddi. 

If, at the time of your California arraignment, you enter a "not guilty" plea, you will thereafter engage in a number of pretrial proceedings that are designed to resolve the case...usually by way of a plea bargain. However, if you maintain your "not guilty" plea, you will ultimately proceed to trial. Most likely, that trial will be a jury trial.

The jury in a California criminal jury trial is comprised of twelve members who represent a "cross section" of the community in which the charged offense was committed. And before the jury can convict you, this "jury of your peers" must unanimously agree that you are guilty "beyond a reasonable doubt"...which is defined as a moral certainty.

The right to a jury trial isn't a right that only extends to defendants who are accused of committing misdemeanor or felony offenses. It is a right that also extends to (1) the prosecution, and (2) a variety of additional proceedings. These include (but are not limited to):

Health and Safety Code 11357(b) California's misdemeanor possession of marijuana law (even though this law carries no possible incarceration period),


Mentally Disordered Offender "MDO" commitment hearings, and


Sexually Violent Predator "SVP" commitment hearings.


In addition, the right to a jury trial extends to any allegations that may affect the sentence or enhance the penalty (for example, proving prior convictions and/or death penalty proceedings).

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