Defendants who are convicted of committing a crime often dream of having one more shot at fighting for their freedom. This dream can become a reality for some defendants, but only if the court agrees to grant a new trial. Here’s what defendants should know about when to file a motion for a new trial:
Who Can Ask For A New Trial?
Anyone who is convicted of a crime has the right to file a motion for a new trial. However, this does not mean that every defendant’s motion will be granted. In fact, it is rather rare for the court to grant this type of motion. The court will only grant the defendant’s request for a new trial if he is convinced that the defendant was not given a fair trial.
How Can A Defendant Prove A Trial Was Unfair?
A defendant cannot expect to be granted a new trial simply because he believes the verdict was unfair. The judge will only grant this request when he believes the defendant has been unjustly denied of a fair trial.
For example, let’s say it is discovered that the prosecution’s main witness lied under oath when testifying against you. In this case, the judge may grant a new trial since the jury based their decision to convict you off of lies.
There are many other factors that could convince a judge to grant a new trial, including jury or prosecutorial misconduct, ineffective legal counsel, judicial errors, and the discovery of new evidence.
When Should the Motion Be Filed?
The law only gives defendants 14 days after the guilty verdict to file a motion for a new trial, so you must move quickly if you believe you were given a fair trial. However, it is possible for the defendant to ask the court for an extension on this 14-day time limit.
Defendants who would like a new trial because of newly discovered evidence are not limited to the 14-day time limit. Defendants in this situation can file a motion for a new trial whenever they believe they have discovered new and relevant evidence.
If you have been convicted of a crime, contact Reisch Law Firm at once. Let our criminal defense attorneys work tirelessly to convince the judge to grant your request for a new trial. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.
