Home -> Law Blog Directory -> Criminal Law Blogs -> California Criminal Defense Blog

Criminal Law

: California Criminal Defense Blog

When Justice Goes Awry

By Neil Shous, Esq.

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...continue to full post

Full post as published by California Criminal Defense Blog on August 18, 2010 (boomark / email).