There are various stages in a criminal case, varying from arrest, arraignment, trial, conviction, and post-conviction. If you believe your trial was unfairly or incorrectly handled, your criminal defense attorney may file a motion for a new trial. If the motion for a new trial is granted, a new trial will be scheduled to give you a second chance to be heard based on the evidence available. Keep reading to learn more about a motion for a new trial, some of the bases for amotion for a new trial, and the role of your criminal defense attorney during this process.
What is a Motion for a New Trial?
A motion for a new trial is a party’s request after a trial ends to order a new trial to re-examine the issues and findings of fact. Any party to the case can file a motion for a new trial.
Why was a Motion for a New Trial Filed?
A motion for a new trial may be filed for many reasons, including errors in applying the law, the verdict going against the weight of the evidence, jury misconduct, or newly discovered evidence.
Errors in Applying the Law
An error in applying the law occurs when the judge applies the wrong law or “legal standard” to the facts of your case. For example, if the judge applies the “theft by deception” statute rather than the “theft by receiving” statute to the facts of your case, which results in a conviction, this would be considered an error in applying the law, and your criminal defense attorney could file a motion for a new trial.
Verdict Going Against the Weight of the Evidence
A verdict going against the weight of the evidence happens when the jury’s judgment or verdict is clearly unsupported by the evidence presented at trial. For example, if the crime at issue is egregious, the jury may have especially strong feelings toward the Defendant. The jury’s strong feelings could result in a guilty verdict from the jury’s improper bias or some other motive despite the evidence demonstrating the Defendant’s innocence. This would be a jury verdict that goes against the weight of the evidence.
Jury Misconduct
Jury misconduct includes, but is not limited to, the following:
- A juror fails to obey the judge’s instructions given to the jury about the law;
- A juror communicates with court personnel when they should not have;
- A juror reads outside material about the case rather than only gathering information based on what is presented at trial; or
- The jury issues a verdict based on racial or ethnic prejudice.
Newly Discovered Evidence
Newly discovered evidence is evidence that existed at the time of the original trial but was not discovered until after the conclusion of the trial. A motion for a new trial based on newly discovered evidence is unique because, under the Model Rules of Professional Conduct, prosecutors who learn of evidence that creates “a reasonable likelihood that a convicted Defendant did not commit the offense of which the Defendant was convicted” must promptly disclose the evidence to the Court. This means the prosecutor has a duty to disclose newly discovered evidence pointing to the Defendant’s innocence, which would ultimately lead to the motion for a new trial.
What is the Role of an Attorney During a Motion for a New Trial?
If the basis for filing the motion for a new trial is incorrect, the judge may deny the motion, which hurts your chances of being reheard and, potentially, acquitted. The crucial role of your criminal defense attorney is to find the correct basis for filing a motion for a new trial to ensure you are given a second chance at a fair trial.
Have Questions? Give Me a Call.
I have decades of criminal law experience and will advocate on your behalf at each stage of your case to make sure we reach the best resolution. If you need a criminal defense attorney or have legal questions, give me a call today!
