Learning that someone missed or hid important evidence in your criminal case, or was unavailable at trial, can bring both hope and uncertainty. New evidence after a conviction in Winter Park may create a lawful basis to challenge the judgment, but strict procedural rules govern post-conviction claims. A post-conviction relief attorney should review the evidence, trial record, and filing timeline together before deciding what relief may be available.
We understand that a conviction can affect your freedom, employment, housing, family relationships, and reputation long after sentencing. At The Umansky Law Firm, we listen to your concerns, explain what the new information may mean, and develop a strategy focused on whether the court has grounds to reconsider the result.
A newly discovered fact is not simply the result of someone omitting it at trial. Under Florida Rule of Criminal Procedure 3.850, you or your trial attorney generally must not have known of the information and that it was unavailable earlier through reasonable diligence. It must also be significant enough to produce a probable acquittal or a less severe outcome at a new trial.
A defense attorney evaluating newly discovered information after a conviction in Winter Park must identify when it became available, explain why they could not have found it sooner, and connect it to an important issue in the prosecution’s case. Examples include:
Claims involving a recanting or newly discovered witness generally require an affidavit. Other necessary witnesses may also require sworn statements unless the motion explains why they could not obtain one. We compare each account with the testimony, physical evidence, and complete trial record before seeking relief.
Generally, a person has two years after the judgment and sentence become final to file a Rule 3.850 motion. Although newly discovered evidence may support an exception, you still must file the motion within the permitted period after due diligence could have found the facts. The court may deny the motion, require a prosecutorial response, or schedule an evidentiary hearing. The judge can then assess:
Rather than presenting the evidence as an isolated surprise, legal counsel seeking to overturn a criminal judgment with newly discovered evidence in Winter Park must show how it undermines a central part of the prosecution’s case. For denied relief, we prepare witnesses, organize exhibits, address reliability challenges, and preserve issues for further review.
DNA testing may provide a separate path to postconviction relief under Fla. R. of Crim. Pro. 3.853. After a felony conviction at trial, a person may request testing when physical evidence still exists, and favorable results could support exoneration or a reduced sentence. The motion must identify the evidence, address prior testing, and explain why someone genuinely disputed identity.
Cases investigated by the Winter Park Police Department may require review of property records, storage history, and chain-of-custody documentation. Before filing, a lawyer in Winter Park pursuing new DNA evidence after a conviction should confirm that the material remains suitable for testing and could produce a meaningful, admissible result.
With granted testing, the Florida Department of Law Enforcement or its designee performs the analysis. A favorable result does not automatically erase the judgment. We must connect the science to the trial record and show why it supports postconviction relief.
When credible information surfaces after trial, new evidence after a conviction in Winter Park may support timely presented postconviction relief if it is significant enough to affect the verdict or sentence. Careful preparation is essential because procedural errors can prevent the court from reaching the substance of the claim.
At The Umansky Law Firm, we review trial records, filing deadlines, witness affidavits, and forensic evidence to determine the strongest path forward. Contact us today to discuss the newly discovered information and whether an evidentiary hearing, DNA petition, or other postconviction remedy may be available.
The Umansky Law Firm Criminal Defense & Injury Attorneys
