Motion for New Trial – CPC 1179

Under California’s Penal Code Section 1179, individuals who are the defendants in a criminal case and have been deemed guilty by virtue of a jury verdict will have a certain amount of time prior to their sentencing hearing to ask for a new trial. The individual’s California criminal lawyer can submit a motion for a new trial on his or her behalf which, in essence, asks the judge for a second look into the matter.

Is a Motion for a New Trial the Same as an Appeal?

Individuals should be aware, however, that motions for new trials are not the same as appeals. The appeal process starts after a person has already gone through a sentencing hearing; however, a motion for a new trial has to be made prior to the sentencing hearing. In particular, the motion can only be granted if it is raised on certain grounds, and it can only be granted if those grounds are plainly discussed in the motion. What this specifically means is that even if the judge at trial determines that there is an alternate or further reason as to why you should be given a new trial, he or she cannot bring up or discuss that reason if your California criminal lawyer has neglected to do so in his or her motion.

Will My Motion for a New Trial Be Granted?

In general, motions for a new trial are granted based on whether or not there were any extraordinary circumstances or mistakes made by either the lawyers or the judge at trial that ultimately played a role in molding the unfair outcome. Such circumstances can include the misinterpretation of the law, allowing the introduction of inadmissible evidence, misconduct by a member or members of the jury, new-found evidence arising after the verdict has been made, prosecutorial misconduct, and a host of other possible oversights that might have unjustly stalled the defendant’s right to have a fair trial.
Your California criminal lawyer will also tell you that if a new trial is approved, it will be as though the original trial never even took place, and it will mean that you will be given another opportunity to prove your innocence by bringing forth pertinent evidence and testimony in a completely new proceeding. If you need a California criminal lawyer, please call Daniel Cota at 800-351-6860 for a free consultation.