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Conviction Reversed and Defendant Wins New Trial After Appeal is Granted: You Have the Right to a Fair Trial

By Walin & Klarich

The California Court of Appeal in People v. Hernandez found that when an armed sheriff stood behind the defendant while the defendant was testifying this violated the defendant?s right to a fair trial. An experienced defense attorney knows that there are many factors a court may not consider in ensuring the defendant?s right to a fair trial. The Court of Appeal found for the defense; the use of an armed guard behind a defendant undermines the fairness of the fact-finding process, thereby prejudicing the jury against the defendant. When a judge denies a defendant to the right to a fair trial, a defendant needs an experienced criminal defense attorney in California to fight for his or her rights.

Full post as published by Southern California Criminal Defense Blog on September 04, 2009 (boomark / email).