In some cases, an individual in Los Angeles can request a new trial. Penal Code 1118 allows a lawyer to file a motion for a new trial. The court in California may then re-try a criminal case with a new jury if the judge grants a motion for a new trial.
Note that filing a motion for a new trial and appealing a decision of the court are not the same thing. The Simmrin Law Group can help you review the differences between these legal acts and how they can affect your case. Give us a call at (310) 997-4688 to learn more.
Filing a Motion for a New Trial
Criminal defense lawyers in Los Angeles can file a motion for a new trial if they believe the first trial was not conducted properly. This type of motion can actually work to set aside a conviction in some cases. However, this is not a guarantee. It is also not the same as appealing a conviction.
Appealing a conviction requires an appellate court to look at the court’s initial decision. During this process the appellate court assesses the court’s records to look for a mistake that may have been made in making the initial decision. Based on the appellate court’s findings, they then decide whether a conviction can be upheld or set aside.
Filing a motion for a new trial keeps the case alive in the court system. Instead of assessing the findings of the previous trial, a new trial will take place. This new trial will be handled by a different jury from the jury at the first trial. This new trial can result in a conviction or a not-guilty verdict.
Reasons to Request a New Trial in California
Motions for a new trial are not always accepted in California. A lawyer has to demonstrate that there is a good reason for a judge to grant a new trial. Often, a lawyer must show that there were:
Issues with Misconduct
The prosecution and the jury are expected to demonstrate a certain standard of behavior during a criminal trial. Sometimes, these individuals do not conduct themselves appropriately. For example, the jury may receive outside information or act with prejudice toward the defendant for some reason. As for the prosecution, they may try to act in a way that was deceptive. Either of these things can prejudice the defendant.
Issues with Evidence
Evidence plays an important role in criminal cases in California. Sometimes, individuals are convicted of criminal acts even though there is not enough evidence to prove their guilt. In this case, a lawyer could request a motion for a new trial. Additionally, sometimes the defense requests a new trial because they found new evidence to support their case.
Errors of Law
The judge has a very important role to play in court proceedings in California. However, sometimes a judge will incorrectly make a legal ruling. Judges can also provide the jury with the wrong information. This could allow the defense to make a motion for a new trial.
There are a number of other factors that could allow for a motion for a new trial. Make sure to contact the Simmrin Law Group if:
- Court records or transcripts were lost or damaged
- Evidence was allowed erroneously
- Exculpatory evidence was not shared by the prosecution
- Legal counsel provided ineffective help
- The law changed in a material way
Find out if a motion for a new trial would apply to your case by contacting us right now. It’s easy to reach a criminal defense lawyer in Los Angeles. Just call (310) 997-4688 to get started.
Outcomes of a Motion for a New Trial
You may be wondering how the court resolves a motion for a new trial. Basically, a judge can either grant or deny this motion. Granting the motion will result in a new trial that involves a new jury. This new jury can then decide if the defendant is guilty or not guilty.
Judges can also deny a motion for a new trial in California. Denying the motion means that the first trial’s result will stand. This usually means that a guilty verdict will go unchanged. However, in this situation, a defendant could choose to appeal the court’s decision. Find out more about how to appeal a court decision by contacting us.
Speak to a Lawyer Today About Filing a Motion for a New Trial
Penal Code 1118 allows you to make a motion for a new trial in California. The Simmrin Law Group can help you decide if you should request a new trial or file an appeal. Our criminal defense lawyers in Los Angeles are ready to assess your situation right now with a free consultation.
Reach us right now by calling (310) 997-4688. You can also complete our online contact form.