If you were recently convicted of a crime and feel you have grounds to motion for a new trial, contact the South Carolina Criminal Defense Attorneys at the Strom Law Firm today.
The justice system is not immune to mistakes, corruption, or manipulation. Mistakes could be as simple as the judge or jury just getting it wrong, or as complex as jury misconduct. To file a motion for a new trial, it must be within 30 days of the verdict and before the filing of an appeal. The denial for a motion for a new trial is common, which is why you need an aggressive and experienced South Carolina criminal defense lawyers to defend you.
Reasons to file a motion for a new trial include among others:
1.) Jury misconduct
2.) Prosecutorial misconduct
3.) Error of law by the court
4.) Insufficient evidence
5.) Newly discovered evidence
6.) Loss or destruction of trial record or transcript
7.) Ineffective Assistance of Counsel
Jury misconduct includes a variety of offenses. These offenses can consist of juries receiving outside information, juries engaging in improper deliberations (e.g discussion of outside facts), or a juror intentionally misleading an attorney during jury selection.
Like jury misconduct, prosecutorial misconduct encompasses a variety of offenses, as well. To file a motion for a new trial based on prosecutorial misconduct a prosecutor must have commented on evidence ruled inadmissible, intentionally elicited information or prejudicial information from a witness, conducted an improper cross-examination, and/or appealed to passion or prejudice.
An error of law by the court refers to misdirecting the jury on a matter of law or making an erroneous legal ruling.
Insufficient evidence is also ground for a motion for a new trial. Also in regards to evidence, evidence found after the trial may be reason for the filing of a motion for a new trial. This evidence must have the potential to yield a different result if the case was to be tried again, and also could be reasonably discovered or produced by the defense at trial.
If trial records or transcripts are destroyed following the trial, a motion for a new trial may be filed. Transcripts and records must be preserved so attorneys and judges can properly analyze them to files appeals. If your trial transcripts are destroyed, you may be entitled to a new trial.
Ineffective assistance of counsel is common reason given when a motion for a new trial is filed. Ineffective assistance of counsel refers a criminal defendant’s right to effective counsel as granted by the Sixth Amendment. If a defendant feels they did not have adequate counsel on their side they may file a motion for a new trial. A judge may then decide if in fact the counsel was ineffective.
If you or a loved one feels your conviction was based on any of the above elements, you may have grounds to file a motion for a new trial. The South Carolina criminal defense lawyers defend both state and federal level cases. Founded in 1996 by a former U.S. Attorney, we have the means and knowledge necessary to provide you aggressive an adequate counsel when filing a motion for a new trial. Because motions must be filed within 30 days of conviction, it is at the utmost importance that you contact us immediately. Call the South Carolina criminal defense lawyers at the Strom Law Firm for a free case evaluation. 803.252.4800.