Legal Question in Appeals and Writs in California

Re: Criminal Trial

You need to make a motion for new trial, or motion for a Judgment n.o.v. Call me directly at 619 222-3504.

Re: Criminal Trial

As Mr. Bravos says, you can move for a new trial or for judgment notwithstanding the verdict. I wonder, though, what you mean by "discrepencies in the case". If you mean that different witnesses remembered events in different ways, this will rarely be enough to change the judgment. It is extremely common for multiple observers to see the same event or object differently and/or to have different memories of it after the fact. The jury's job is partly to figure out what happened, so the mere presence of discrepencies like this will not bar a conviction.

Your boyfriend can almost certainly fire his attorney and hire a new one before sentencing, but doing so will likely cost more than keeping the attorney he has. Unless there is good reason to think a new attorney can change the result (and that the present attorney either can't or won't), he might be better off saving his money to spend on the appeal and/or habeas corpus petition.

While my practice doesn't include post-trial criminal motions, I do handle a large number of criminal appeals and the occasional habeas corpus petition. Feel free to contact me directly if you want to discuss this matter further.