What is a motion for a new trial?

In the unfortunate event that you are convicted of a crime at trial, under certain circumstances, you may be able to receive a new trial. Although it is rare for a judge to grant a motion for a new trial, some grounds warrant a new trial. Typically, they are only granted when there is a significant error or serious injustice that happened during the original trial. Keep reading to learn more about how a motion for a new trial can benefit your case and discover how a skilled Bergen County Criminal Defense Attorney can help you. 

How does a motion for a new trial work?

When a trial ends with a conviction, it is possible in some cases to seek a new trial. However, as mentioned above, you will only be granted a new trial if there was some kind of error or injustice that prevented you from receiving a fair trial. A motion for a new trial is typically made after a guilty verdict. If your motion for a new trial is granted, the case will essentially start over. The case will be tried again by the prosecution in front of a new set of jury members to ensure an unbiased and fair trial.

There are some cases in which a judge may grant this motion to correct a legal error. If the judge wrongly excluded evidence from being heard at trial which made a significant difference in the guilty verdict, a new trial would help correct this injustice. Another instance where the court may grant a motion for a new trial is if a new trial can correct an injustice that occurred during the original trial. For instance, if the judge was unaware that a jury member made a discriminatory or racist comment about you during the trial which led to an unfair verdict, a motion can be granted to fix this injustice. Further, the judge may grant this motion if new evidence comes to light. However, the discovery of new evidence only warrants a new trial if you did not know about this evidence during the trial and there is no way you could have known about it during the trial. These are generally the only grounds that could warrant a judge granting a motion for a new trial.

In the unfortunate event that you have been convicted of a crime, don’t panic just yet. An experienced Bergen County criminal defense attorney can help you file a motion for a new trial. We can help you detect whether there were any significant errors or injustices during your trial that violated your constitutional rights. You can rely on our firm to work tirelessly to help you achieve the best possible outcome.