Other then a writ of habeas corpus how do i get a motion for a new trial in a criminal case in california

Asked about 1 year ago - Simi Valley, CA

my writ was returned by the ventura judge stating i cannot use habeas corpus a second time

Attorney answers (3)

  1. Nicholas Maurice Rosenberg

    Contributor Level 14

    7

    Lawyers agree

    Answered . It is difficult to answer this without more facts, but, in general, successive Writ Petitions will be denied. In my experience, trial counsel can make a Motion for a New Trial after conviction and prior to sentencing. If this MNT is denied, you can include it in the Appeal which would be filed within the 60-day time limit. Assuming that you did not file an Appeal, or that it was denied, and that you have already filed one Writ of Habeas Corpus which was denied, I think you need to file the Writ with the next higher court, which sounds like the California Court of Appeal. You should contact the Attorney who did the first Writ, whether private or Appointed by CCAP and see what they say.

  2. Dan Eugene Chambers

    Contributor Level 20

    5

    Lawyers agree

    Answered . Mr. Rosenberg is correct---you may need to pursue another writ before the Court of Appeal. Contact some attorneys if you do not have one--many of us on Avvo provide a free consultation.

  3. Sholeh Iravantchi

    Contributor Level 15

    4

    Lawyers agree

    Answered . I agree with my colleagues. It is highly advised that you consult with an attorney that is experienced in this area. As stated previously the facts of your case is imperative to determine what other mechanism is available to you.

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