Post-Trial Motions

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When your case goes to trial, it is natural to feel angst. There is no way of knowing what verdict the jury will reach or how the judge will rule on the matter. You must simply put your trust in your legal counsel and hope that they will do everything in their power to present your defense favorably. No matter if you have a public defender or private criminal defense lawyer, the individual serving as your legal representation is obliged to provide you with effective assistance of counsel. Oftentimes, however, the success of your case is affected by court errors and misconduct that result in an unfavorable verdict. When this occurs, one may assume that they have no options in having the court decision altered, but experienced an experienced defense attorney will pursue post-trial motions in such cases.

A post-trial motion is useful in the sense that it may help you prove that your verdict was unjust and can support your reason for filing an appeal if you choose to do so later on. Make sure that you have a legal professional by your side who is knowledgeable of the appropriate post-trial motions to file for your case specifically. The Orlando appellate lawyers at The Umansky Law Firm understand the vitality of doing everything possible to have your case retried if you suspect that any foul play went into your verdict. Reach out to us today to discuss your legal options.

Appeal vs. Post-Trial Motion

Appeals and post-trial motions may seem similar, but they are entirely separate legal actions. While you must file an appeal with the court of appeals, post-trial motions are filed in the same court in which your trial took place. Numerous post-trial motions exist that individuals may pursue if they believe their verdict was inaccurate or unfair. A knowledgeable attorney can explain all of the motions relevant to your criminal case and file the most appropriate one. Some common post-trial motions include:

  • Motion for a new trial
  • Motion to set aside the verdict
  • Motion for a trial order of dismissal
  • Motion to dismiss
  • Motion for judgment of acquittal
  • Motion for judgment notwithstanding the verdict

The latter pushes for the court to issue a contrasting verdict to the original one. This motion is most successful when one can prove that the inferences and facts involved in the case are overwhelmingly in favor of the defense and reasonable jurors would have likely reached a different verdict.

Grounds for a Post-Trial Motion

Believing that your verdict was wrong isn’t enough of a reason to file a post-trial motion. There must be specific issues that you can identify as concrete reasons as to why the initial verdict was unjust. Some common reasons to file a post-trial motion include:

  • Improper conduct of a juror during the trial
  • The case was outside of the court’s jurisdiction
  • The evidence weighed against the verdict
  • There legally wasn’t enough evidence to reach the verdict
  • Newly discovered evidence is available that was known to the lawyers or parties before the trial

The Orlando appellate lawyers at The Umansky Law Firm can help you file a post-trial motion for your criminal case. We can analyze the facts of your case and pursue the most appropriate course of action. Contact us today at 407-228-3838 for a free case evaluation.