Motion For New Trial – Introduction – California Penal Code Section 1181

Defendants in a criminal proceeding, who are ultimately found “guilty” by a jury verdict, have a period of time before the sentencing hearing to request a new trial. By submitting a motion for a new trial, the defendant is essentially asking for a reexamination of the matter in the same court by the trial judge (Penal Code Section 1179).

A motion for a new trial should not be confused with an appeal. Whereas the appeal process begins after the defendant’s sentencing hearing (where the judge determines the terms of the punishment), a motion for a new trial must be made before the sentencing hearing occurs.

The decision to grant the motion for a new trial is based on whether any significant circumstances or errors committed by either the attorneys or the judge played a role in unfairly shaping the outcome. Such events can include:

•    Misinterpreting the law
•    Permitting the introduction of inadmissible evidence
•    Prejudicial misconduct on the part of the prosecution
•    Jury misconduct
•    Newly discovered evidence emerging after the verdict
•    AND a number of other oversights that may have unfairly hindered the defendant’s right to a fair trial.

If a new trial is granted, it will be as if the original trial never occurred. This means the defendant will have another chance to prove his/her innocence by introducing evidence and testimony in an entirely new proceeding.

If you have been convicted of a crime and are now facing a potentially devastating sentence, you need to contact an experienced criminal defense attorney before it is too late. You only have a limited window of opportunity between the verdict and sentencing to file a motion for a new trial. At Wallin & Klarich, our attorneys have been in practice for over 30 years and will use their experience to help you achieve the best possible result in your case. Call us today at 888-749-0034. We will be there for you when you call.