If you were recently convicted of criminal charges and are now serving a sentence for that crime, you might want to consider fighting for a new trial if you feel that your first one was unfair to you. If you are in this position, here are several things to understand about getting a new trial.
What it would mean
Getting a new trial after a conviction means that you would have to go through an entirely new criminal trial, and the verdict from the new trial would overrule the verdict from the original trial. A new trial would basically eliminate the old trial, and it would give you a chance to get a different verdict from the case. It would also require going through the entire process of a trial again, including choosing a jury and hearing all the evidence.
Why people ask for new trials
You cannot simply ask the court for a new trial without having a good reason for doing this. In other words, you will need to be able to prove that there is a reason you want a new trial, and the reason cannot simply be because you are not happy with the verdict. For example, if you feel that your lawyer did not do his or her job for you, you could use this as a reason. Another reason would be if the court admitted evidence into the case that should not have legally been admitted into court. There is also a chance you might want a new trial due to an injustice with the first one. Suppose one of the jurors was paid off by someone to vote a certain way. This would be a good reason to request a new trial.
The factors that would help you get a new trial
When you motion the court for a new trial, you should not expect them to simply agree with you and start the process. In fact, it can be very difficult to get a new trial, even if you have a valid reason to ask for one. It is a process and it takes time, and you would need a good lawyer to help you achieve this.
If you strongly believe that your first trial was not legally fair to you, talk to a criminal lawyer. A lawyer can review your case for you and may find that you should be entitled to a new trial. If so, he or she could help you fight for this. For more information, contact a criminal defense law office.