New evidence after a conviction in Orlando can be a strong basis for a motion for post-conviction relief, allowing you to seek reconsideration of their conviction or sentence after the initial trial. This evidence must be significant and demonstrate that it could change the outcome of the trial.
This can include witness testimonies, forensic data, or any other evidence that was previously unavailable. If the court finds the new evidence compelling, they may grant relief, which could lead to a new trial, resentencing, or even dismissal of the charges. A skilled criminal defense attorney can provide support and guidance throughout the process while aggressively pursuing all viable forms of relief.
In Orlando, if new evidence surfaces after a conviction, the individual can seek post-conviction relief based on that new evidence. This is done by filing a Rule 3.850 motion. The defendant must demonstrate that the evidence was not available at the time of the trial or could not have been discovered with due diligence. Newly discovered evidence can take various forms, including:
There must be a reasonable probability that the new evidence would have changed the trial result. This means the evidence must be relevant and have a significant impact on the case’s outcome, suggesting that a different verdict might have been reached had the evidence been available.
When new evidence emerges after a conviction in Orlando, individuals can pursue relief. This involves presenting the new evidence to the court and arguing that it should lead to a new trial, a different sentencing, or the reversal of the conviction. An Orlando attorney can help search for and identify new evidence, and ensure that the motion is filed within the required timeframe and properly argued.
A defendant can also seek post-conviction relief if they believe their original trial or appellate attorney provided ineffective representation. This can include failing to investigate and present crucial evidence, failing to object to inadmissible evidence, or making critical errors that prejudiced the defendant’s case.
In post-conviction relief proceedings, if the court finds that the new evidence meets the criteria, it may order an evidentiary hearing to allow the defendant to present the new evidence. Should the court find that the new evidence is credible and would likely change the outcome of the trial, it may vacate the conviction and sentence, or it may order a new trial.
Generally, there is a two-year time limit from the discovery of the new evidence to file the motion for post-conviction relief. Individuals who believe they may be eligible for post-conviction relief should consult with us immediately to determine their options and the best course of action. We can help review the case, identify potential grounds for relief, prepare and file the necessary motions, and present the new evidence to the court.
Post-conviction relief is a complex legal process with specific rules and procedures. We can navigate these complexities and ensure the client’s motion is properly filed and presented related to new evidence after a conviction in Orlando.
An attorney can review the case file, including transcripts, police reports, and any other relevant documents, to identify potential grounds for relief based on newly discovered evidence. We can then represent you in all court hearings, arguing the case on your behalf and ensuring your rights are protected. Contact the criminal defense attorneys at The Umansky Law Firm today to request your free case consultation.
The Umansky Law Firm Criminal Defense & Injury Attorneys
