My Motion for a New Trial was Denied. What Do I Do Now?
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…
Read MoreWhat is the Difference Between a Motion for a New Trial and an Appeal?
What is the Difference Between a Motion for a New Trial and an Appeal? A defendant facing criminal charges in California is entitled to a fair trial by a jury of his or her peers with effective legal representation. Sometimes, mistakes are made during criminal proceedings that can lead to wrong decisions being reached. Fortunately, California law provides a defendant with legal remedies to correct his or her potentially improper…
Read MoreHow You Can Get a New Trial if the Wrong Jury Instructions Were Given
How You Can Get a New Trial if the Wrong Jury Instructions Were Given If the judge in your case gave the jury wrong or incomplete instructions, you may be entitled to a new trial. A new trial will be ordered when: The court had a duty to give the jury the correct instructions; There was evidence to support the correct jury instructions; and Wrong or incomplete jury instructions affected…
Read MoreDemanding Your Right to a Speedy Trial: If You Choose to Snooze, You May Lose
Demanding Your Right to a Speedy Trial: If You Choose to Snooze, You May Lose The Sixth Amendment (right to a speedy trial) provides in part: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial….” Yet it sets no time limits to define what exactly a speedy trial is. In the 1972 United States Supreme Court case Barker v. Wingo, the court adopted…
Read More5 Things You Should Immediately Do if You Want to Appeal a Felony Conviction in California
5 Things You Should Immediately Do if You Want to Appeal a Felony Conviction in California If you are found guilty after a trial, you have the right to appeal your convictions. There are many reasons for an appeal of a criminal case. However, appealing a felony conviction is a difficult process best left in the hands of an experienced criminal appeals attorney. There are also important deadlines that apply…
Read MoreYour Loved One Could Get a New Trial if the Prosecutors Fail to Turn Over Evidence to Your Lawyer
Your Loved One Could Get a New Trial if the Prosecutors Fail to Turn Over Evidence to Your Lawyer In 1997, Defendant Randall Amado was charged and convicted of a murder stemming from a gang-related shooting on a bus. Although several witnesses alleged that Armando was near the bus when the shooting took place, only witness Warren Hardy saw the Defendant with a gun in his hand. The day after…
Read MoreWhat Can An Orange County Appellate Lawyer Do For Me?
What Can An Orange County Appellate Lawyer Do For Me? If you are seeking a criminal appeal, it is important to note that a reversal of a criminal conviction is extremely difficult to obtain. To be successful on appeal, it is essential that you hire an experienced Orange County appellate lawyer to guide you through the complex appeals process. Appeals can be very confusing cases, and the rules and stipulations regarding…
Read MoreDefendant Sentenced to 25 Years for Carjacking, Robbery and Kidnapping Appeals $10 Fine
Defendant Sentenced to 25 Years for Carjacking, Robbery and Kidnapping Appeals $10 Fine If U.S. lawmakers are really interested in cutting unnecessary expenses, maybe they should begin with reading the case of People v. Valenzuela. After he plead guilty to serious crimes, Jacob Anthony Valenzuela appealed a $10 fine that was included in his sentence. Unfortunately, his case was brought to the Court of Appeal. Valenzuela Appeals $10 Fine Valenzuela…
Read MoreIllegal Immigrant can be Lawyer in California
Illegal Immigrant can be Lawyer in California Many didn’t think it was possible while others didn’t think it should be legal. However, California Governor Jerry Brown signed a bill into law this weekend that means an illegal immigrant can be lawyer in the state if they are waiting to be approved for lawful residency in the United States and have graduated from law school and passed the California Bar Exam. The…
Read MoreIf a Dog is Used to Convict You, the Dog Better Have a Strong Sense of Smell or Your Conviction Could Be Reversed
If a Dog is Used to Convict You, the Dog Better Have a Strong Sense of Smell or Your Conviction Could Be Reversed You are accused of a crime you did not commit and faced with years in prison. There is little evidence against you aside from sketchy eyewitness accounts. In fact, the evidence mostly points to another individual. However, you are convicted of the crime because a dog inaccurately…
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