It is possible that this a grounds for a reversal, what does your trial attorney think about the possibility of an appeal?
I will be happy to speak with you at no cost with a phone or office conference. Please call my office at 619-231-0401 or visit my website at www.paulneuharth.com
In addition to Mr. Neuharth's response I would add that it is vital that your trial attorney objected to the court's response to the question before the judge sent the note back with "NO" written on it. If your attorney did not engage in some kind of debate which made its way on to the record, you may not have a motion for new trial or appeal on those grounds. If the judge would not entertain argument or if he sent his answer back without consulting the parties, that would be arguably an abuse of discretion which could give rise to an issue in a new trial motion or appeal.
It depends. Your counsel would have to object at that time to preserve the record. However, if the court refused argument on the instruction, or even a sidebar discussion, that could be potential grounds.
Did your attorney talk to any of the jurors after the verdict was delivered? Sometimes jurors will stick around and talk to the attorneys about the case. If your attorney was able to talk to some or all of the jurors, he may gotten some information that might be useful in your motion for a new trial. By the way, by asking a judge to grant you a new trial, you asking the judge to admit they screwed up. Not too many judges willing to do that.
I would have to agree with the other attorneys. Check with your attorney and see what their thought is in regards to filing the motion for new trial. You're really don't have anything to lose by filing the motion, so why not?
I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California matter. Please call my office at 619-238-1905 or visit my website at www.lawofficeofwilliamdaley.com
Appeal post sentence might be the better option here given the fact the motion for a new trial is heard by the trial judge. But definitely first contact the trial attorney and then possibly a locally experienced criminal defense attorney to discuss the option of a motion for a new trial before sentencing.
Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555
Sign up to receive a 3-part series of useful information and legal advice about DUIs.