Motion for a New Trial – The Making of a Motion For New Trial – California Penal Code Section 1191

Making the Motion for a New Trial

If the defendant wishes to request a new trial, he must submit the written motion sometime after the guilty verdict but prior to the scheduled sentencing hearing. A motion for a new trial is based on the contention that the defendant was somehow denied his constitutional right to a fair trial as a result of some legal or procedural error.

The content of the motion will include allegations of the error with supporting evidence as well as a demand for the judge to set aside the verdict and order a new trial. In situations where the defendant needs more time to review the evidence and prepare the motion for a new trial, the defendant has the option to waive time, which can extend the date of the sentencing hearing.

Granting or Denying the Motion

Once the motion is submitted, the judge must either grant or deny the motion. Technically, a motion for a new trial can be granted or denied at any time before the date of the sentencing hearing, but as a matter of convenience, a motion for a new trial is often decided by the judge on the date of the sentencing hearing when all involved parties are present. If the motion is denied, the judge can then proceed to deciding on the matter of probation and sentencing. Alternately, if the motion is granted, there would be no need to even consider the terms of probation or the sentence.

The judge will grant a motion for a new trial if the evidence shows that the original trial was so flawed that the outcome was unjust. In deciding on the matter, the judge will consider the evidence produced by the defendant and weigh the significance of the alleged error. The court may agree that an error was committed, but could still deny the motion if the error did not have any apparent effect on the outcome of the case. Therefore, it is imperative for the defendant to allege legal or procedural errors that are substantial.

Even if the motion for a new trial is denied, the defendant still has the option to seek an appeal from a higher court. However, this is only possible after the imposition of the sentence.

If you have been convicted by a jury verdict of a felony or misdemeanor offense, you can contest the verdict. A skilled criminal defense attorney can act quickly to gather the facts and bring a motion for a new trial on your behalf. Call us today at 888-749-0034. We will be there for you when you call.