Houston Criminal Lawyer
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When a criminal trial results in a guilty verdict, the convicted person may wish to file a motion for a new trial. This practice is relatively common and the success of the motion depends on the reason for the request. The court will usually only consider such a request if the defense produces a compelling argument to show that the original verdict should be rendered invalid.
If a defendant wishes to file a motion for a new trial, they can attempt to convince the court to grant their request in several ways. They may try to introduce new evidence or prove misconduct on the part of the jury. However, any new evidence that the defense introduces to support these claims must meet several requirements.
In some rare cases, a judge may decide that a defendant received a guilty verdict as the result of an improper or unjust trial. This could be due to one of several reasons:
Despite efforts to screen potential jurors, it is possible that a juror may have preconceived notions about the defendant that affect their ability to be impartial.
Sometimes a verdict is affected because jurors break the rules regarding proper juror conduct. This can happen if jurors discuss the case with others or with each other outside of court.
If the judge, the prosecutor, defense lawyer or a jury member has a conflict of interest regarding the defendant, this could affect the verdict. For example, a judge that personally knows the defendant and fails to excuse himself or herself from the trial may have a conflict of interest.
If you have been convicted of a crime and are considering petitioning for a new trial, then give Shahin Zamir a call at 713-223-8900.