Lawyer Motion Filing Concerns
Summary
If your lawyer in California is reluctant to file a motion before sentencing, discuss your concerns directly with them to understand their reasoning. If unsatisfied, consider seeking a second opinion from another attorney. You can also file a complaint with the California State Bar if you believe your lawyer is not adequately representing you. For retrial cases, ensure all transcripts are reviewed, explore new evidence, and consult another attorney for a fresh perspective. To write a retrial motion, include an introduction, background, legal basis, argument, and conclusion. For top appellate lawyers in California, consider Erwin Chemerinsky or Michael P. Kenny, and evaluate them based on your case needs.Full Conversation
California
If your lawyer doesn't want to file a motion before sentencing, you might consider the following:
- Discuss your concerns directly with your lawyer and ask for the reasoning.
- If unsatisfied, you can seek a second opinion from another attorney.
- Consider filing a complaint with the California State Bar if you believe your lawyer is not adequately representing you.
Would you like more information on how to find another lawyer or file a complaint?
- Discuss your concerns directly with your lawyer and ask for the reasoning.
- If unsatisfied, you can seek a second opinion from another attorney.
- Consider filing a complaint with the California State Bar if you believe your lawyer is not adequately representing you.
Would you like more information on how to find another lawyer or file a complaint?
Yes
Here's some guidance based on your situation:
- Finding Another Lawyer: You can search for criminal defense attorneys in California through the [California State Bar website](http://www.calbar.ca.gov).
- Filing a Complaint: To file a complaint against your current lawyer, you can visit the [California State Bar’s website](http://www.calbar.ca.gov/Public/Complaints-Claims) and follow the instructions provided.
Would you like more detailed steps on either of these options?
- Finding Another Lawyer: You can search for criminal defense attorneys in California through the [California State Bar website](http://www.calbar.ca.gov).
- Filing a Complaint: To file a complaint against your current lawyer, you can visit the [California State Bar’s website](http://www.calbar.ca.gov/Public/Complaints-Claims) and follow the instructions provided.
Would you like more detailed steps on either of these options?
Yes
Sure! Here are some detailed steps:
Finding Another Lawyer:
*. Visit the [California State Bar website](http://www.calbar.ca.gov).
*. Use their Attorney Search tool to find a qualified criminal defense attorney.
*. Schedule consultations to discuss your case and evaluate their expertise.
*. Visit the [California State Bar website](http://www.calbar.ca.gov).
*. Use their Attorney Search tool to find a qualified criminal defense attorney.
*. Schedule consultations to discuss your case and evaluate their expertise.
Filing a Complaint:
*. Visit the [California State Bar’s complaint page](http://www.calbar.ca.gov/Public/Complaints-Claims).
*. Follow the instructions to fill out and submit the complaint form.
*. Provide detailed information about your concerns and any supporting documents.
Would you like more information on how to evaluate a new attorney or details about the complaint process?
*. Visit the [California State Bar’s complaint page](http://www.calbar.ca.gov/Public/Complaints-Claims).
*. Follow the instructions to fill out and submit the complaint form.
*. Provide detailed information about your concerns and any supporting documents.
Would you like more information on how to evaluate a new attorney or details about the complaint process?
What if you’ve been retrial before for all transcripts are available
It sounds like your case might have additional complexities due to a retrial. Here are some steps you might consider:
- Review Transcripts: Ensure all transcripts from previous trials are thoroughly reviewed by your attorney.
- New Evidence: Determine if there is new evidence or arguments that can be presented.
- Consultation: Consider consulting a different attorney for a fresh perspective on your case.
Would you like more details on any of these steps?
- Review Transcripts: Ensure all transcripts from previous trials are thoroughly reviewed by your attorney.
- New Evidence: Determine if there is new evidence or arguments that can be presented.
- Consultation: Consider consulting a different attorney for a fresh perspective on your case.
Would you like more details on any of these steps?
Yes
Here are more details based on your situation:
Review Transcripts:
*. Ensure your attorney has all previous trial transcripts.
*. Verify that they are reviewed for any inconsistencies or overlooked details.
New Evidence:
*. Identify any new evidence that could support your case.
*. Discuss potential new arguments or strategies with your attorney.
Consultation:
*. Seek a second opinion from another criminal defense attorney.
*. Schedule a consultation to discuss your case specifics.
Would you like more information on how to find a specialized attorney for your case?
Review Transcripts:
*. Ensure your attorney has all previous trial transcripts.
*. Verify that they are reviewed for any inconsistencies or overlooked details.
New Evidence:
*. Identify any new evidence that could support your case.
*. Discuss potential new arguments or strategies with your attorney.
Consultation:
*. Seek a second opinion from another criminal defense attorney.
*. Schedule a consultation to discuss your case specifics.
Would you like more information on how to find a specialized attorney for your case?
How to write a retrial motion
To write a retrial motion, focus on the following steps:
*. Introduction:
- State the case name and number.
- Identify the court and parties involved.
*. Background:
- Summarize the case history briefly.
- Explain why a retrial is necessary.
*. Legal Basis:
- Cite relevant legal statutes and case law supporting the retrial request.
- Highlight any procedural errors or new evidence.
*. Argument:
- Detail the specific reasons justifying a retrial.
- Provide evidence and legal arguments.
*. Conclusion:
- Request the court to grant the motion for a retrial.
- Include any necessary affidavits or exhibits.
Would you like more detailed templates or specific examples?
*. Introduction:
- State the case name and number.
- Identify the court and parties involved.
*. Background:
- Summarize the case history briefly.
- Explain why a retrial is necessary.
*. Legal Basis:
- Cite relevant legal statutes and case law supporting the retrial request.
- Highlight any procedural errors or new evidence.
*. Argument:
- Detail the specific reasons justifying a retrial.
- Provide evidence and legal arguments.
*. Conclusion:
- Request the court to grant the motion for a retrial.
- Include any necessary affidavits or exhibits.
Would you like more detailed templates or specific examples?
Yes
Sure! Here are some detailed templates and examples for writing a retrial motion:
Example Template for a Motion for Retrial:
*. Introduction:
- Case Name: [Your Case Name]
- Case Number: [Your Case Number]
- Court: [Name of the Court]
- Parties: [Your Name] vs. [Opposing Party's Name]
*. Background:
- Briefly summarize the case history.
- Explain the reasons for requesting a retrial, such as errors in the previous trial, new evidence, or procedural issues.
*. Legal Basis:
- Cite relevant statutes and case law that support your request for a retrial.
- Highlight any procedural errors or introduce new evidence that was not considered in the original trial.
*. Argument:
- Detail the specific reasons justifying a retrial.
- Provide evidence and legal arguments supporting your request.
*. Conclusion:
- Request the court to grant the retrial.
- Include any necessary affidavits or exhibits to support your motion.
Would you like a specific example for any section above?
*. Introduction:
- Case Name: [Your Case Name]
- Case Number: [Your Case Number]
- Court: [Name of the Court]
- Parties: [Your Name] vs. [Opposing Party's Name]
*. Background:
- Briefly summarize the case history.
- Explain the reasons for requesting a retrial, such as errors in the previous trial, new evidence, or procedural issues.
*. Legal Basis:
- Cite relevant statutes and case law that support your request for a retrial.
- Highlight any procedural errors or introduce new evidence that was not considered in the original trial.
*. Argument:
- Detail the specific reasons justifying a retrial.
- Provide evidence and legal arguments supporting your request.
*. Conclusion:
- Request the court to grant the retrial.
- Include any necessary affidavits or exhibits to support your motion.
Would you like a specific example for any section above?
Yes
Here's a specific example for the "Introduction" section of a retrial motion:
~ Introduction Example
Case Name: People v. John Doe
Case Number: *
Court: Superior Court of California, County of Los Angeles
Parties: John Doe (Defendant) vs. The People of the State of California
Would you like detailed examples for the other sections?
Case Name: People v. John Doe
Case Number: *
Court: Superior Court of California, County of Los Angeles
Parties: John Doe (Defendant) vs. The People of the State of California
Would you like detailed examples for the other sections?
Who’s the top appeal lawyer in California
Finding the "top" appeal lawyer in California can be subjective as it often depends on the specifics of your case and personal preferences. However, some well-regarded appellate lawyers in California include:
- Erwin Chemerinsky - Dean of Berkeley Law, known for constitutional law and appellate litigation.
- Michael P. Kenny - Partner at Alston & Bird LLP, recognized for his appellate practice.
Would you like more information on how to contact or evaluate these attorneys?
- Erwin Chemerinsky - Dean of Berkeley Law, known for constitutional law and appellate litigation.
- Michael P. Kenny - Partner at Alston & Bird LLP, recognized for his appellate practice.
Would you like more information on how to contact or evaluate these attorneys?
Yes
Contacting and Evaluating Top Appellate Lawyers:
*. Erwin Chemerinsky:
- Position: Dean of Berkeley Law
- Specialization: Constitutional law and appellate litigation
- Contact: [Berkeley Law](https://www.law.berkeley.edu/our-faculty/faculty-profiles/erwin-chemerinsky/)
*. Michael P. Kenny:
- Position: Partner at Alston & Bird LLP
- Specialization: Appellate practice
- Contact: [Alston & Bird LLP](https://www.alston.com/en/professionals/k/kenny-michael-p)
Would you like more information on how to evaluate these attorneys?
*. Erwin Chemerinsky:
- Position: Dean of Berkeley Law
- Specialization: Constitutional law and appellate litigation
- Contact: [Berkeley Law](https://www.law.berkeley.edu/our-faculty/faculty-profiles/erwin-chemerinsky/)
*. Michael P. Kenny:
- Position: Partner at Alston & Bird LLP
- Specialization: Appellate practice
- Contact: [Alston & Bird LLP](https://www.alston.com/en/professionals/k/kenny-michael-p)
Would you like more information on how to evaluate these attorneys?