When is it Time to File a Motion for a New Trial? (PC 1181)

You are on trial for a crime you didn’t commit. While the jury is deliberating your fate, new evidence is discovered that proves you are not guilty. The jury has no way of knowing this, but it is too late to introduce new evidence. The jury comes back with a guilty verdict. Is there anything you can do now?

If this happens to you or other circumstances led to an unfair trial, you have the right to motion for a new trial. So when should you talk to an attorney about filing this motion?

What are Grounds for a New Trial? (PC 1181)

Under California Penal Code Section 1181, there are several reasons that you can ask the court to give you a new trial, including:

• Juror misconduct
• Prosecutorial misconduct
• Errors of law
• Destruction of the trial record

If your attorney can prove that any one of these circumstances occurred during your case, a judge will likely grant your motion for a new trial.

Additionally, a judge can grant your motion based on “insufficient evidence.” If the judge believes the jury’s verdict was not reasonable based on the evidence presented at trial, he or she can override the guilty verdict and dismiss your case entirely. If this happens, you will not have to stand trial again.

When to File for a Motion for a New Trial

In order to successfully file a motion for a new trial, you must do so in a timely manner. Your motion for a new trial must be submitted after the guilty verdict has been entered but before the sentencing hearing. You should speak to an attorney about filing the motion for you so that it is done the proper way.

The court has 20 days from the announcement of the verdict to rule on your motion, but this time period can be extended to 30 days if more time is needed to prepare the motion or if a preliminary hearing is required. The court will typically make its decision on the day that your sentence is scheduled to be determined.

Contact the Criminal Defense Attorneys at Wallin & Klarich Today

A motion for a new trial is not automatic. That is why you should hire a skilled and knowledgeable attorney to prove to the court that grounds for a new trial exist in your case. At Wallin & Klarich, our attorneys have been successfully helping clients in post-conviction matters for more than 40 years. Our lawyers have the experience necessary to help you file a motion for a new trial with the court that will be granted by the judge in your case. Let us help you now.

With offices in Orange County, Riverside, San Bernardino, Los Angeles, San Diego, West Covina, Torrance and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you are located.

Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation to find out if you are eligible to file a motion for a new trial. We will be there when you call.