A defendant is the person the government has accused of breaking the law. Being a defendant does not mean you are guilty — it just means charges have been filed and the case is moving through the court system. Until a jury or judge says otherwise, every defendant is presumed innocent.
How Defendant Status Works in California
A person becomes a defendant in California when a formal accusatory pleading is filed — a complaint, information, or indictment under Penal Code §§ 691 and 949. From that point on, the defendant has constitutional rights including the right to counsel, the right to remain silent, the right to a speedy trial under Penal Code § 1382, and the right to confront witnesses. These rights apply at every stage from arraignment through trial.
Related Legal Terms
Being a defendant connects directly to concepts like arraignment, the right to counsel, and the presumption of innocence underlying beyond a reasonable doubt — all foundational to our criminal defense practice.
Facing Criminal Charges as a Defendant?
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