Legal Question in Criminal Law in California

Re: appeal advice

If you are between verdict and sentencing there is still time to bring a motion for a new trial. After sentencing your only remedy is appeal. It is too late at that time for a new trial unless ordered after a successful appeal, and that is rare. The law gives you two bites at the apple in this area. Why not take them? If I can be of further assistance, please don't hesitate to contact me.

Re: appeal advice

The defendant's attorney should file a motion for a new trial within the legal time limit; and should file a notice of appeal immediately after sentencing. If he or she fails to do this, the appellate attorney may bring a claim of ineffective assistance of counsel. The court-appointed appellate attorneys are usually better than the court-appointed trial attorneys. But the road ahead is an uphill one. Please feel free to contact me if you like.

Re: appeal advice

As the prior responses have noted, you are unlikely to win a new trial motion. You will probably need an appellate attorney quite soon as there will be deadlines that must be met.

I am certified (by the State Bar of California Board of Legal Specialization) as a specialist in appellate practice -- a certification held by only about 230 of the state's 150,000+ lawyers. Feel free to contact me directly if you want to discuss this case further.