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Motion For a New Trial In California State Courts

Even if you've been convicted of a California criminal offense, it may be possible to persuade the court to grant you a new trial. Obtaining a new trial in your California criminal case will give you a second chance to aggressively defend yourself and may result in a much more favorable outcome. An experienced defense lawyer from The Kavinoky Law Firm can thoroughly review your case to determine whether it may be possible to obtain a new trial.

A motion for new trial in a California criminal case is a separate hearing which occurs after you are convicted but before you are sentenced. A motion for a new trial must be argued before you are formally sentenced. A new trial may be granted regardless of whether you were convicted by a jury or a judge.

If your motion for a new trial is granted, your case is started again from the beginning, and you'll have the opportunity to aggressively defend yourself. A trial court can grant a new trial motion for some but not all counts. Even if a motion for new trial is not granted, the motion is an excellent way to get all the facts in front of the trial judge so that those facts can properly be considered on appeal.

There are several grounds which support a motion for new trial:

  • If the defendant is absent for some or all of the trial;
  • If the jury has committed misconduct;
  • If the judge has made errors during the trial;
  • Prosecutorial misconduct;
  • If the evidence is insufficient to support a conviction;
  • If newly discovered evidence exists which would exonerate
  • the defendant;
  • Ineffective assistance of defense counsel;
  • If the judge failed to grant a continuance;
  • If the prosecutor failed to disclose evidence which would help the
  • defendant's case; and / or
  • Spectator misconduct.

If you have been found guilty after either a bench or jury trial, time is of the essence. An experienced defense lawyer from The Kavinoky Law Firm will immediately review your case and devise a strategy to pursue a new trial. Please contact us today for a free consultation.

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Bail Pending Sentencing or Appeal Direct Appeal
Withdrawing Guilty Pleas Writ of Habeas Corpus - State Court
Motions for a New Trial Writ of Habeas Corpus - Federal Court
Sentencing Memoranda Expungement
Bail Pending Sentencing or Appeal Sentencing Memoranda
Withdrawing Guilty Pleas Direct Appeal
Motions for a New Trial Federal Writ of Habeas Corpus
Representation at Sentencing