Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

The Rare Instances in Which the Courts May Grant a New Trial After a Conviction

When a person is convicted of a crime, there are several options for the defendant. One of them is to file a motion for a new trial. These are occasionally granted but rarely – and only under the most extraordinary of circumstances. Read on to learn what those rare instances are and then contact Law Office of Michael L. Fell at (949) 585-9055 to learn more about expungement and other potential ways to clean up a record.

A New Trial May Be Granted to Fix a Legal Error

If a significant legal error was made in your trail then you may be granted a new trial. For example, if a judge excluded evidence that should have been included, then a new trial may be granted. Note that the presence of a legal error is not enough in and of itself to grant a new trail – you must also be able to prove that the legal error would likely have made a difference to the outcome of the trial.

For example, if you can show that the judge excluded certain testimony because of hearsay, but there was a hearsay exception that was relevant, a new trial could only be ordered if that hearsay evidence may have changed the outcome of the case. If the evidence that was excluded was entered in other ways, such as testimony from a different client, then it will be ruled irrelevant and no grounds for a new trial.

A New Trial May Be Granted if New Evidence is Discovered

In the event new evidence is uncovered, a new trial may be granted. However, the evidence must not have been known to the defense during the trial, the evidence must not have been reasonably possible to discover before or during the trial, and it must be shown that it would have likely made a difference to the jury.

For example, if the defense has been looking for years to find a specific witness who can prove the defendant’s alibi, and they finally locate them, then a judge or appellate court may consider this reason enough to grant a new trial.

A New Trial May Be Granted to Correct an Injustice

If a judge believes that a new trial is necessary to correct an injustice, then they may grant one. One example is a case from 2013 in which two Mexican businessmen were convicted of a crime. Later, the defense discovered that one of the jurors had made racist statements against Mexicans. The judge granted a new trial on the grounds that the accused were entitled to impartial jurors who would make decisions based on facts – not on their prejudiced beliefs.

Do You Believe You or a Loved One is Owed a New Trial?

If you have read the above and believe that you or a loved one may be eligible for a new trial then we encourage you to contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.