A person convicted after a trial can make a motion for a new trial under Minnesota Rules of Criminal Procedure 26.04. Once the motion is filed the court must have a hearing within 30 days of the guilty verdict. Under the statute the motion for a new trial is based on several factors including: if required in the interests of justice, irregularity in the proceedings of the court, jury or on part of the prosecution, or any order or abuse of discretion, whereby the defendant was deprived of a fair trial, misconduct of the jury or prosecution, accident or surprise which could not have been prevented by ordinary prudence, material evidence, newly discovered, which with reasonable diligence could not have been found and produced at the trial, errors of law occurring at the trial, and objected to at the time, or if no objection is required by these rules assigned in the motion, and the verdict of guilty is not justified by the evidence or is contrary to law.
Notice of a motion for a new trial must be served within 15 days after a verdict or finding of guilty. Once the 15 days lapses, the defendant will lose the right to petition the court for a new trial. If the motion for new trial is denied, there are other post-conviction and appeal options. Typically the sentencing stage of the proceedings occur after the motion hearing for a new trial. Claims of ineffective assistance of trial can also be included in a motion for new trial with the district court. Before hiring a lawyer, always ask how many trials and cases they have handled in the past. When dealing with a any criminal case, it is crucial to hire an experience criminal defense lawyer.
If you believe that you or someone you know has been wrongfully convicted or if you believe you have a legitimate reason to appeal of file a motion for a new trial under Rule 26.04 of the Rules of Criminal Procedure , Contact Keller Law Offices. Max Keller is a 24-hour criminal lawyer. He is a 24-hour criminal lawyer in Minnesota. Max Keller has represented many individuals who believed they were wrongfully convicted and who had legitimate issues for appeal. He has handled post conviction relief proceedings as well as appeals in the Minnesota court of Appeals. He has also won cases in the Minnesota Supreme Court. Call Keller Law Offices for a free consultation. Because Max Keller is a 24-hour criminal lawyer, he will answer the phone at any time of the day and night. Call 952-913-1421. Please visit the firm’s website at www.kellerlawoffices.com. Keep in mind that after a conviction, there are certain timelines that must be filed in order to secure your right to appeal or motion for a new trial. For more information on deadlines to appeal or a motion for a new trial, call and ask to speak with one of the appeals attorneys at Keller Law Offices. Be proactive and contact Keller Law Offices today to learn more.