24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Client Testimonials

5

THE BEST LAWYER ANYONE COULD ASK FOR.

The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

schedule a consultation

Blog

Penal Code 1118 | Motion for New Trial

 

Penal Code 1118 | Motion for New Trial

In California criminal law, Penal Code 1118 allows a defendant to request a new trial after a guilty verdict is entered. This motion argues that the conviction is contrary to the evidence or against the law.

A motion for new trial gives the defense a chance to challenge the fairness of the trial and conviction. Let’s take a closer look at the grounds for a new trial motion, how the process works, and strategies for succeeding.

What is a Motion for New Trial Under PC 1118?

A motion for new trial under Penal Code 1118 is a request for the judge to vacate a guilty verdict and order a new trial. Grounds for the motion include:

  • Verdict is contrary to the evidence presented at trial
  • Jury verdict is contrary to law
  • Error in law occurred at the trial
  • Jury misconduct
  • New evidence discovered

The motion must be filed before sentencing takes place. It gives the defense a chance to argue the trial was unfair or the conviction should not stand.

When Can a New Trial Motion Be Filed?

The timing for filing a new trial motion under California law is:

  • Within 15 days after the verdict if a misdemeanor case
  • Before sentencing for felony cases

The motion suspends the judgment until the court rules on the motion. This delays sentencing from taking place until the request for a new trial is decided.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Grounds for Requesting a New Trial

Reasons the defense can request a new trial under PC 1118 include:

Verdict Contrary to the Evidence

The defense can argue the guilty verdict was not supported by the trial evidence. For example, key exculpatory evidence was ignored or the prosecution did not meet their burden of proof.

Verdict Contrary to Law

The conviction violated the law, such as the jury being improperly instructed on the legal standards.

Legal Error During Trial

Significant legal errors occurred such as improperly admitted evidence, incorrect jury instructions, or misconduct by the judge or prosecutors.

New Evidence Discovered

New evidence was found after trial that likely would have changed the verdict. Strict requirements apply to qualify as “newly discovered.”

Jury Misconduct

Misconduct by the jury influenced the verdict, such as researching the case independently or bias/conflicts of interest.

How a Motion for New Trial Works

The process for a new trial motion under Penal Code 1118 involves:

  1. Defense attorney files the motion stating the grounds
  2. Prosecution files an opposition responding to allegations
  3. Hearing held for arguments from both sides
  4. Judge decides whether a new trial is warranted

If granted, the conviction is reversed and a new trial date is scheduled. If denied, sentencing on the conviction can proceed.

Strategies for Winning a New Trial Motion

While new trial motions are not always granted, certain strategies can help improve the chances. These include:

  • Acting quickly – don’t wait to file the motion
  • Specifying the strongest grounds in detail
  • Submitting supporting evidence like affidavits
  • Ordering trial transcripts to identify errors
  • Researching case law backing your position
  • Effective oral advocacy at the hearing

An experienced criminal defense lawyer is essential for crafting a compelling new trial motion.

Benefits of Filing a Motion for New Trial

Benefits of requesting a new trial under Penal Code 1118 include:

  • Chance to reverse an unfair or improper conviction
  • Opportunity to identify issues and correct them before retrial
  • Delaying sentencing from taking place
  • Additional time to negotiate with the prosecution

Even if a new trial is not granted, filing the motion can still be advantageous in some cases.

Consult an Experienced Criminal Defense Attorney

Don’t wait until after sentencing to challenge a conviction – important rights may be waived. Acting quickly to file a new trial motion under PC 1118 is essential.

An experienced criminal defense lawyer can evaluate the grounds in your case, handle the filing process, and passionately argue for a new trial at the hearing. This provides the best chance at reversing an unfair conviction.

Don’t leave this to chance. The right legal guidance can make all the difference in succeeding on a new trial motion.

Lawyers You Can Trust

Todd Spodek

Founding Partner

view profile

RALPH P. FRANCHO, JR

Associate

view profile

JEREMY FEIGENBAUM

Associate Attorney

view profile

ELIZABETH GARVEY

Associate

view profile

CLAIRE BANKS

Associate

view profile

RAJESH BARUA

Of-Counsel

view profile

CHAD LEWIN

Of-Counsel

view profile

Criminal Defense Lawyers Trusted By the Media

schedule a consultation
Schedule Your Consultation Now