California Trial Motions
Motions to Enforce Fair and Just Trial Proceedings
If you have been accused of a criminal offense, it is your right under
the Sixth Amendment of the United States Constitution to a fair trial.
In order to ensure this right is upheld throughout court proceedings,
your counsel can submit a variety of
motions to ensure every aspect of the process administers justice. At The Law
Office of Barney B. Gibbs, our Anaheim criminal defense attorney is dedicated
to defending the right to fair trial for all of our clients.
Attorney Gibbs has more than 30 years of experience in
criminal law, which has allowed him to build a comprehensive knowledge of California
laws and courts. Having represented clients in more than 2,500 cases,
he has a considerable familiarity with judges and prosecutors in the local
court systems. This gives him an advantage in understanding the tendencies
of his opponents and those who have the ultimate say in your freedom.
You can trust him to provide competent and aggressive legal counsel throughout
your criminal proceedings.
Before a trial begins, there are numerous motions that can be submitted
in order to set a precedence that your case will honor your right to a
fair trial. Among these motions include challenges relating to the validity
of the case itself, ensuring that the environment of the trial promotes
a fair proceeding, and to prepare a solid defense.
The defense can request to examine the arresting police officer's personnel
files to analyze the officer's history for potential signs of prejudice
or prior misconducts. Additionally, you can submit a motion for a Bill
of Particulars, in which a prosecution must reveal the exact charges the
defendant faces, which may necessitate a Motion to Reduce Charges should
they be considered too harsh.
In some instances, the circumstances surrounding the case may necessitate
a motion for a Change of Venue, particularly in high-profile cases that
incur a lot of publicity. Furthermore, a motion to strike a prior conviction
may be submitted in order to prevent prejudice of a jury against a defendant
based on his or her irrelevant history.
Motions to prepare a defense for your trial include:
- Motions for discovery to obtain all the evidence a prosecution plans to
use in its case
- Motions to preserve evidence so that the defense can use their own expert
witnesses to examine the prosecution's evidence
- Motion to disclose the identity of a confidential informant to find out
if a prosecution intends to use a government witness
An Anaheim criminal defense lawyer from our firm can take full advantage
of these motions to protect your right to a fair trial. We will fight
to ensure that we have the tools and evidence we need to build a defense
that can give you your best chance at freedom.
Motions During a Trial
There are motions that may be done during a trial. In order for these motions
to be advantageous for the defendant, they need to be submitted in a manner
that is appropriate and do not negatively sway a jury's opinion of
Motion on Limine can be used to stop the prosecution from presenting evidence that may
be inadmissible. This is incredibly important because once the jury hears
something, it is impossible to take it back, even if they are asked to
disregard what they have heard.
If the prosecution has a witness that says something improper, the defense
may choose to submit a
Motion to Strike Testimony. Testimony that is stricken cannot be brought up when jurors ask for a
recap of testimony and may serve to discredit a witness.
If the prosecution does not present a strong case, a
Motion to Dismiss may be filed, but preferably not in the presence of the jury so that they
do not think that the judge's refusal of the motion means that he
thinks the defendant is guilty.
Appeals, Writs, and Post-trial Motions
Certain motions can also be filed after a trial. For example, if a defendant
believes that he was wrongfully accused, the defense may ask the judge
to change the verdict to not guilty (although this happens rarely). The
defense can also ask that the judge declare the trial a mistrial so that
there can be a new trial. However, if the defendant is found to be not
guilty, that is a final decision and the prosecutions cannot file a motion
for a new trial or verdict.
Important new evidence (such as a witness of scientific evidence that was
not available at the time of the trial) or misconduct on the part of the
jury may be valid reasons for a new trial. There are timelines that must
be followed when asking for a new trial. Besides motions, the defense
may also submit appeals or writs to challenge a verdict. As it is typically
unlikely that a judge will overturn his/her own verdict, it is essential
that you have an aggressive and knowledgeable attorney on your side.
Hire an AV® Rated Legal Professional
When you are facing criminal charges, it can be a comfort to know that
you have an Anaheim criminal attorney in your corner who has proven effectiveness
in defending his clients. At The Law Office of Barney B. Gibbs, our primary
lawyer has been rated AV Preeminent® by Martindale-Hubbell, which
means that his success in the courtroom is recognized by peers and clients
alike. We offer financing options and payment plans so that you can have
access to counsel who will protect your right to a fair trial.
Call our firm today to schedule your
free case evaluation!