New Evidence After a Conviction in Winter Garden 

When new evidence emerges after a criminal conviction in Winter Garden, a defendant can file a motion for post-conviction relief. The new evidence must meet specific legal criteria, and the process is often complex and time-sensitive.

Navigating the post-conviction process is highly technical and demanding. A qualified post-conviction relief attorney at The Umansky Law Firm can thoroughly investigate the new evidence, work with investigators and other experts to substantiate claims, and provide critical assistance to help you pursue relief.

Can New Evidence Overturn a Conviction?

New evidence can be used to overturn a conviction in Winter Garden, but it is a difficult legal process. The defendant must file a motion for post-conviction relief, rather than a direct appeal, which is typically based only on the trial record. This newly discovered evidence must meet specific legal criteria to be considered.

To qualify for post-conviction relief, the newly discovered evidence must meet a four-part test established by Florida courts:

• Existed at the time of trial: The evidence must have been available when the trial occurred, even if it was not found until later.
• Discovered after the trial: The evidence was not known and could not have been discovered with reasonable diligence before the trial concluded.
• Not cumulative or for impeachment: The evidence must be significant and not simply repeat evidence already presented. It also cannot be used solely to attack a witness’s credibility.
• Likely to change the outcome: The evidence must be strong enough that it would have likely resulted in an acquittal if a new trial were granted.

Examples of Qualifying New Evidence

There are numerous types of evidence that could give rise to post-conviction relief. These could include:

• Another person confesses: Another individual admitting to the crime is a powerful form of new evidence.
• Recanted testimony: A key witness from the trial changes their testimony.
• Exonerating DNA: Newly conducted DNA tests reveal that someone other than the defendant is a match for forensic evidence.
• Prosecutorial misconduct: New information emerges showing the prosecution hid favorable evidence from the defense or knowingly used false testimony.
• Scientific invalidation: New scientific evidence is discovered that discredits the medical or scientific testimony used at trial.

It is crucial to seek legal representation immediately if you believe new evidence in your case could warrant post-conviction relief. An attorney can help evaluate the new evidence, gather more information, and navigate the complex legal procedures required to challenge a conviction.

Filing for Post-Conviction Relief

A Winter Garden attorney can help you file a motion for post-conviction relief if new, critical evidence emerges in your case. The motion is generally filed with the trial court that handled the original case.

While the rule typically requires filing within two years after the judgment and sentence become final, an exception is made for newly discovered evidence. The two-year clock for filing based on new evidence starts from the date of its discovery. The motion must include affidavits from witnesses or other parties who can factually support the new evidence.

If the court finds the claim has merit and is not conclusively disproven by the existing record, the judge must hold an evidentiary hearing where your attorney can present the new evidence and call witnesses. The court’s decision can lead to an overturned conviction, a new trial, a reduced sentence, or other relief.

Following the hearing, the judge will issue a written order granting or denying the motion. If the motion is denied, your attorney can help you appeal the decision to the District Court of Appeals within the required time frame.

Contact a Winter Garden Attorney About New Evidence After a Conviction

In addition to new evidence after a conviction, a Winter Garden attorney can identify other issues such as ineffective assistance of counsel which could serve as grounds to challenge your original conviction. The window for filing a motion based on newly discovered evidence is limited.

A criminal defense attorney from The Umansky Law Firm can help you file within the correct time frame and even argue for an exception if the deadline has passed if the evidence could not have been discovered earlier. Contact our legal team today to request your free and confidential case consultation.