What Is a Motion for a New Trial?
A motion for a new trial is a formal legal request asking the court to set aside a guilty verdict and allow the case to be retried. This isn’t the same as an appeal — instead, it goes back to the original trial judge and happens before any appeal is filed.
Common Reasons to File
- Mistakes made by the judge or attorneys during trial
- New evidence that couldn’t be found earlier
- Unfair behavior by jurors or misconduct during deliberations
- Improper statements made by the prosecution
- Your lawyer didn’t defend you effectively
Timing Matters
This type of motion must be filed within 15 days after the verdict or before sentencing, whichever comes first. Missing the deadline can block the opportunity completely.
What Happens Next?
- The motion is filed and reviewed by the original trial judge
- A hearing is held where your attorney can argue the case
- The judge decides whether to grant or deny a new trial
Why It’s Worth Fighting
A new trial can offer a chance to bring forward missed evidence, correct serious mistakes, or simply tell the story again under fairer conditions. With your freedom and reputation on the line, every chance counts.
Where We Work
We help people throughout California, including Los Angeles, San Diego, Sacramento, Orange County, Riverside, Fresno, and San Jose. Whether you’re ready to act or just exploring options, we’re here to walk you through every step.
Conclusion
A bad verdict doesn’t mean it’s over. If something wasn’t right at trial, you may have the right to ask for another one. Talk to an experienced defense attorney about filing a motion for a new trial — it could be your second chance at justice.
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