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.

Pretrial Motions

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 the accused.

  • A 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!