Reasons To Have An Attorney Request A Brand New Trial

Posted on

If you have a loved one that is facing a lot of time in prison due to being found guilty in a criminal case, that you feel was unjustified, you might have the chance to get him or her a brand new trial. This is different from an appeal. An appeal focuses on examining the original trial to see if there was anything that was amiss. When there is sufficient evidence that the outcome of the original trial should be thrown out, a new trial can be ordered and everything starts all over again.

There Was Jury Misconduct

If they jurors did not conduct themselves in the manner in which they were supposed to, lied about their past, or tried to get outside influences to help them decide how they should view the criminal matter before them, a criminal defense attorney can request that the superior courts look into the possibility of jury misconduct. One major example of jury misconduct is one or more jurors personally knowing any of the people involved in the case. It would be impossible to assume that they would have no subconscious bias towards anyone and therefore, cannot be trusted to give a fair opinion on the guilt of someone else, especially when their freedom hangs in the balance.

There Was A Lack Of Evidence

If there was a lack of evidence to show that the criminal charges were justified, it is important to note that that same lack of evidence should not be able to secure any type of conviction. An example would be someone pressing charges claiming that they were physically assaulted by their ex, who they are in the middle of a tough custody battle with. There were no police records, no pictures showing evidence, no hospital records, and no eyewitness testimony. To simply throw the defendant in prison for the rest of his or her life when there is no evidence to support the criminal complaint is not a suitable thing to do, as it would encourage some people to file false charges against people just to get their way in various situations. If your loved one received a conviction for a crime in which there was no supporting evidence that he or she did anything wrong, you will want to talk with the attorney to see about requesting the superior courts to grant a brand new trial.

Just make sure that you are requesting this as soon as possible. The quicker everything is handled, the quicker everyone can get back to living their lives in a positive manner. Contact a criminal and personal injury attorney for more information and assistance.