Anyone charged with a misdemeanor or felony offense in California has the right to a jury trial. The right to be “judged by one of your peers” is so deeply rooted in our criminal justice system that if anything or anyone interferes with that right…the right to a fair trial…you are entitled to a new trial.
A judge may grant a California motion for a new trial anytime a defendant is deprived of a substantial right. And because there are so many ways that a defendant’s substantial rights may be violated, there are a number of grounds on which a defendant can raise this motion.
A California motion for a new trial can be granted based on jury misconduct, prosecutorial misconduct, judicial misconduct, new evidence, new laws, ineffective assistance of counsel…the list goes on and on.
But a motion for a new trial can’t be raised at anytime; it must be raised before the judge pronounces judgment. If...during your trial or shortly thereafter…you believe you were deprived of the right to a fair trial, it is advisable to discuss your situation immediately with your attorney.