How to File a Motion for a New Trial in California?

California Motion for a New Trial

Have you or a loved one been recently convicted by a jury? Do you think that it took place an error and the conviction is not justified? The Margarian Law Firm will help you to file a motion for a new trial and defend your rights.
Mistakes occur everywhere and even jury trials can make mistakes. Unfortunately, such mistakes lead to the wrong conviction. BUT the lawyers of our firm are ready to help you.
What is a Motion for a New Trial?
A motion for a new trial means a brand new trial and disregard of the previous one. It should not be let that somebody’s intentional or non-intentional error destroy your reputation and even deprive from freedom.
Generally, a motion of a new trial may be filed in the following cases:
– discovered jury misconduct,
– prosecutorial misconduct,
– appraisal of new evidence or insufficient evidence for conviction.

When Can You File for a Motion for a New Trial?
Your motion for a new trial must be submitted to the court BEFORE:
– sentencing,
– the judge rules the drug addiction or a severe mental disorder
– granting probation.

The judge has up to 20 days (or the timeframe may be extended up to 30 days) to decide whether grant or not a new trial. Failure to make decision will automatically grant you a new trial.
Ruling of the Filed Motion
When your motion has been filed, the judge can rule it in one of the following ways:
– grant a new trial,
– deny a new trial,
– change the verdict, that is to say reduce or dismiss charges.

What if the Judge Denies My Motion?
If your motion for a new trial has been denied, a new motion for a new trial may be filed with the California Court of Appeals.

The Margarian Law Firm aggressively protects the rights of criminal defendants in California. Direct approach with our clients allows us to easily obtain dismiss or reduction of the charges. Additionally, we provide a flat fee agreed upon before we begin. Feel free to contact us for a motion for a new trial!
You may file your request online, by telephone or by mail. 818-553-1000

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