Q: Can I move for a new trial?
Bought a car. The seller then reports stolen after the sale.
I had all documents to prove ownership.
The seller had so many inconsistency with there story.
The jury some how found me guilty cause I didn't respond to threatening messages from the seller.
The seller admitted to selling the car to me, during trial then admitted that he sold the car again for money after getting it back from his botched sale.
His wife lied multiple times during questions as well did the seller.
My attorney failed to call multiple witnesses to the stand as well as telling me to not take the stand. Can I move for a new trial?
A:
Please note that this is not my practice area, but time is important so I will toss out my brief analysis.
You may be able to request a new trial, but it's not guaranteed. In Colorado, you can file a motion for a new trial if you believe there were legal errors during your trial, like issues with how evidence was handled, jury misconduct, or if your attorney didn’t properly defend you (which is called ineffective assistance of counsel).
Taking what you have shared here at face value, there may be grounds to argue that your attorney didn’t represent you effectively, especially if important witnesses weren’t called and you weren’t given the chance to testify. You’ll need to act quickly, as the timeline for filing a motion for a new trial is limited.
It’s important to speak with an experienced criminal defense attorney to evaluate your case and file the motion if appropriate.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
