My Motion for a New Trial was Denied. What Do I Do Now?
If your motion for a new trial was denied may seem as if you have run out of options. However, your case is not done yet.
If your motion for a new trial is denied, you can appeal the judgment in your case with the California Court of Appeals. A Wallin & Klarich attorney can help you appeal the judgment in your case to an appellate court and may be able to have the judgment reversed.
What Does an Appeal in a California Appellate Court Do?
If you were convicted of a crime and your motion for a new trial was denied or you failed to file a motion for a new trial, you can appeal the conviction in a California Appellate Court under California Penal Code Section 1237.
An appellate court will review the evidence in your criminal trial but will not review any new evidence. The appellate court will review documents of written briefs and oral arguments and look for any legal errors or misconduct that made the criminal trial process unfair to you. They include:
- Insufficient evidence;
- Errors or misconduct by the trial judge;
- Errors or misconduct by the prosecutor;
- Errors or misconduct by your defense attorney; and
- Errors or misconduct by the jury.
The California Appellate Court Process
Under California Penal Code Section 1237, the California criminal appeals process can be broken down into four steps:
- File the Notice of Appeal in Trial Court;
- Obtain and Submit Record, Briefing and Arguing Documents;
- The Court’s Decision; and
- Further Review.
The appeals process with the California Appellate Court can be very complicated and time-sensitive. It varies depending on whether you were convicted of a felony, misdemeanor or infraction. For example, the Notice of Appeal must be filed within 60 days of a sentence for a felony case and within 30 days of a sentence for a misdemeanor or infraction case.
What Do I Do During the Appeals Process?
You can only appeal your conviction after you have been sentenced for the crime. If you were convicted of a misdemeanor and you filed a Notice of Appeal, you have the right to remain free from custody after posting bail. Because the appeals process can take a significant amount of time, you will be able to return to work, school and your family while your Wallin & Klarich attorney works to get your conviction reversed.
If you were convicted of a felony, the trial court judge will decide whether or not you can remain free from custody during the appeals process. If the trial court judge determines that you are not a flight risk and you have a good chance of winning your appeal, you may be allowed to post bail and remain free from custody. However, it is rare for a trial court judge to allow a person convicted of a felony to be free from custody during an appeal.
Call Wallin & Klarich if You Had Your Motion for a New Trial Denied
If you or a loved one had your motion for a new trial denied and wants to appeal the conviction, it is critical that you speak to an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 40 years of experience successfully appealing all types of criminal convictions. Our attorneys will fight for you to get you the best possible outcome in your case.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney near you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.
