New York trial courts may do their best to ensure that sentencing is accurate to state and federal statutes as well as the evidence and arguments presented, but what happens when new evidence is uncovered after the trial? Appeal attorneys know that no criminal case is simple and straightforward. The nuances of evidence, argument, and legal process mean that each unique case has diverse challenges and legal avenues. However, in some cases, these legal avenues are not enough until new evidence surfaces that may impact the verdict of the case. In some cases, new evidence may provide grounds for a criminal appeal.
However, there are numerous challenges to this approach, namely proving that the evidence was not reasonably discoverable in the original trial. Appeal attorneys may have to evaluate the new evidence alongside the original trial record to ensure that an appeal is viable. Without extensive research and legal understanding, a criminal appeal could fail and leave the convicted individual with little legal recourse. This is why seeking specialized legal counsel for an appeal is generally recommended.
Schedule a conversation with a New York criminal appeals attorney from The Law Office Of Benjamin Greenwald today to learn how new evidence could impact your appeal. Call now at (845) 567-4820 to schedule a consultation.
New Evidence in Criminal Appeals
New evidence does not generally constitute grounds for a criminal appeal, except for some irregular circumstances. This is because the court of appeals was not created to retry or otherwise reiterate the processes of the trial courts. The appellate courts exist to correct errors of law from the trial courts by reviewing the trial record and evaluating written briefs from appeal attorneys. An appeal could yield several results, ranging from modification, rejection of the original verdict, affirmation of the verdict, or a retrial in the trial court.
However, in some rare cases, new evidence that was not discoverable during the trial may arise. If this new evidence had significantly impacted the outcome of the trial, the defendant may be able to file for an appeal or other legal remedy. The requirements for this new evidence are stringent, which means the defendant must have a solid argument and an airtight presentation to secure the best chances of a positive outcome.
Conditions for Appeals Based on New Evidence
For an appeal based on new evidence to succeed, it must meet certain criteria and requirements. The appeal courts do not usually accept new factual evidence, as the intent of the court of appeals is to ensure that the trial courts followed due process. As such, the new evidence must both directly affect the verdict of the trial and have been undiscoverable at the time of the trial. A trial attorney’s failure to address evidence or failure to research properly may not provide adequate grounds for an appeal. These criteria mean that to file for an appeal, the defendant must be certain that the new evidence meets the requirements while also being compelling enough to affect the verdict.
Experienced appeal attorneys can help evaluate new evidence and handle your case. Schedule a consult with a criminal lawyer from The Law Office Of Benjamin Greenwald today to learn more.
Not Discoverable During the Trial
The first requirement for new evidence in an appeal is that the evidence in question could not have reasonably been discovered during the trial. This does not necessarily include all evidence that was not presented in the discovery phase of the trial. If an attorney or other individual fails to conduct adequate research, this does not qualify the undiscovered evidence as grounds for an appeal. The evidence in question must have been beyond any reasonable means of research and discovery.
Directly Impacts the Verdict
Additionally, the new evidence must have a direct impact on the outcome of the trial. New evidence alone is not enough to provide grounds for an appeal. For example, if in a murder case, the murder weapon is determined to be a firearm owned by the defendant. If, after the trial, it is discovered that the murder weapon was actually a knife that was owned by the defendant, this evidence may not have a direct impact on the verdict. However, in this same scenario, if new evidence arises proving the defendant has a valid alibi for the crime, an appeal may be viable.
Other Legal Remedies for New Evidence After Conviction
Due to the difficulty of filing an appeal on the grounds of new evidence, defendants seeking legal remedies after a conviction may seek other remedies. In the state of New York, appeals are not the only post-conviction remedy when new evidence arises. Other legal processes, such as CPL 440 motions and writs of coram nobis, could provide legal alternatives to criminal appeals. Appeal attorneys may provide more detailed information tailored to your case.
CPL 440 Motions
There is a complex relationship between federal and state laws, which becomes even more confusing when common law practices are added to the mix. As such, many accepted practices from common law or federal law have been codified into state law to allow for simpler legal processes and more straightforward arguments. One of these is a CPL 440 motion. This is a statutory legal remedy that allows convicted individuals to address issues with their trial that fall outside the trial record, including new evidence and other matters. This is often a viable and effective legal strategy for those seeking post-conviction relief.
Writ of Coram Nobis
Another possible avenue is a writ of coram nobis. The Latin “coram nobis” means “the errors before us,” and this process has been used for centuries and was originally adopted from the British legal system. These writs are common law remedies that allow convicted individuals to present new evidence that might have affected the outcome of their trial. However, using writs of coram nobis may come with similar or even more stringent restrictions than a simple appeal. Appeal attorneys may be able to inform their clients of the benefits of each for a specific circumstance.
Speak with a New York Criminal Appeals Lawyer
Many appeal attorneys specialize in fields of criminal law and the appellate courts, giving them the skills necessary to represent their clients and file criminal appeals effectively. In New York, having an experienced appellate attorney on your side can make all the difference in your case. These skilled lawyers can help evaluate new evidence and present it to the courts in a compelling fashion. Schedule your appointment with a criminal appeals lawyer from The Law Office Of Benjamin Greenwald today by calling the office at (845) 567-4820 for more details.
