Filing a Motion for a New Trial in a California Sex Crime Case | LibertyBell Law
If you’ve been convicted of a sex crime in California and believe errors occurred during your trial, you may be eligible to file a motion for a new trial under California Penal Code § 1181. This legal motion allows a judge to set aside the verdict and order a new trial — giving you another opportunity to present your case.

What Is a Motion for a New Trial?

This motion is a formal request asking the trial judge to overturn the jury’s guilty verdict based on specific legal grounds. It is not an appeal — instead, it’s handled by the same trial court and must be filed soon after conviction.

Grounds for Requesting a New Trial

  • Legal error (e.g., improper jury instructions)
  • Newly discovered evidence that could alter the verdict
  • Juror misconduct (bias, outside influence)
  • Ineffective assistance of trial counsel
  • Prosecutorial misconduct
  • Insufficient evidence to support the conviction

Deadline to File

The motion must be filed within 15 days of the verdict or before sentencing. Missing this window can prevent your motion from being considered.

What Happens After Filing?

  1. A hearing is scheduled before the original trial judge
  2. Both sides present arguments and evidence
  3. The judge decides to deny or grant a new trial
  4. If granted, the conviction is vacated and the case starts over

Why Hire a Post-Conviction Lawyer

Filing a motion for a new trial requires deep knowledge of trial law and post-conviction procedures. A skilled California sex crime defense attorney can evaluate your case, identify valid grounds, and prepare a persuasive motion to protect your rights.

Statewide Legal Help

We help clients file for new trials in sex crime cases throughout Los Angeles, San Diego, Sacramento, Orange County, San Jose, Fresno, Riverside, and across California. If you believe errors affected your trial, act quickly.

Conclusion

A guilty verdict doesn’t have to be the end. Filing a motion for a new trial may give you a second chance at justice. Contact a knowledgeable California sex crime trial attorney to review your case and protect your future.

 

CategoryDefense Lawyers
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