What Is A Motion for New Trial in Georgia?
Motions are a routine part of every type of case. They are used to protect your rights and to ask the judge to make a decision, grant an order, or a ruling on a case. They can be done at any point in your case, but some motions that are required to be made at the beginning or else they are waived. One of the benefits of having a lawyer who specializes in criminal law is that they are familiar with what motions need to be filed and how to make them work to your advantage. Every type of law is different and don't be fooled into thinking that any lawyer can handle your criminal case. Lawson and Berry and their team of Georgia Criminal Defense Attorneys only handle Georgia criminal cases. There is no case they haven't dealt with before so trust them with your case.
Motion for New Trial
A motion for a new trial is one that can be filed by either the plaintiff or the defendant. However, in criminal cases, the prosecution cannot make a motion for a new trial because of the principle of double jeopardy. It must be filed within twenty-eight days of the conviction and sentencing. The grounds for the motion are that the final judgment is inconsistent with the evidence presented during the trial and contrary to laws governing the issues contested in the trial. A motion for a new trial asks the court to grant a new motion in order to reexamine issues and findings of fact made by the trial court in the initial trial.
Requesting a motion for a new trial can be a risky move, and it is one to carefully consider with an attorney. Even with a new trial, there is a chance that the outcome will still be the same so the extra resources, time, and money spent must be considered before filing.
What Happens If The Motion is Granted
If the motion for a new trial is granted, then the outcome of the case is set aside, and the case is completely re-litigated. If the motion is not granted by the judge, then the defendant can file an appeal asking a higher court to overrule the trial judge.
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