Being convicted of a crime doesn’t signify the end of legal recourse for the defendant. There exists the potential to file a motion for a retrial. However, securing such an opportunity is a rarity and is reserved for exceptional situations. This article explores those unique circumstances. For insights on expungement and ways to rectify a criminal record, you can reach out to Chambers Law Firm at 714-760-4088.
Correcting Legal Missteps in the Original Trial
One potential ground for a retrial is the occurrence of a significant legal mistake during the initial trial. If, for instance, the judge wrongfully excluded pivotal evidence, this might open the door to a new trial. But the mere existence of a legal oversight doesn’t automatically lead to a retrial. The defendant must demonstrate that the legal error, had it not occurred, would probably have influenced the trial’s result.
Consider a situation where a judge dismisses specific testimony on the grounds of it being hearsay. If a relevant hearsay exception was overlooked, a retrial might be possible only if this missed evidence could have swayed the trial’s outcome. If the dismissed evidence was presented through other channels, like another witness’s testimony, it’s considered inconsequential, providing no foundation for a new trial.
The Emergence of Previously Unknown Evidence
A retrial can also be initiated when fresh evidence comes to light. But there are conditions attached: the defense shouldn’t have known about this evidence during the original trial; discovering this evidence before or during the trial should have been reasonably challenging, and this newfound evidence must be so significant that it would likely have influenced the jury’s decision.
To illustrate, if the defense had been searching relentlessly for a witness who could corroborate the defendant’s alibi, and they’re finally found after the trial concludes, this could persuade a judge or appellate court to sanction a new trial.
Righting a Judicial Wrong
Sometimes, ensuring justice mandates a new trial. For instance, there was an incident in 2013 when two businessmen from Mexico were convicted. Subsequent to their conviction, it came to light that one juror had exhibited racial bias against Mexicans. Recognizing the need for an impartial jury that bases its decisions on evidence rather than prejudice, the judge sanctioned a new trial.
Pondering the Need for a New Trial?
If the scenarios detailed above resonate with your experience, suggesting that you or someone close might qualify for a retrial, it’s advisable to seek expert counsel. Connect with Chambers Law Firm at 714-760-4088 to avail of a complimentary legal consultation.
