The experienced criminal defense attorneys of Robbins, Tunkey, Ross, Amsel, Raben & Waxman, P.A., handle all types of criminal defense matters, including appeals and motions for new trial. When convicted at the trial level, the defendant has a right to one appeal. In particular, a new trial motion may be granted for several reasons, including but not limited to, the discovery of new evidence, the verdict is contrary to law or the weight of the evidence or for any other reason, to no fault of the defendant, resulting in the defendant not receiving a fair and impartial trial. A motion for new trial is a complex matter that should be made with the assistance of legal counsel. These motions may have a time limit attached, so it may be imperative to contact legal counsel as soon as possible.
If you, or someone you know, has been convicted of a crime and is appealing the outcome, you should consult an experienced criminal defense attorney. The experienced criminal defense attorneys of Robbins, Tunkey, Ross, Amsel, Raben and Waxman, P.A., are available 24 hours a day, 7 days at week toll free at (866) 262-4874 or locally at (305) 858-9550.
RULE 3.580. COURT MAY GRANT NEW TRIAL When a verdict has been rendered against the defendant
or the defendant has been found guilty by the
court, the court on motion of the defendant, or on its
own motion, may grant a new trial or arrest judgment. Committee Notes 1968 Adoption. Same as section 920.01, Florida Statutes, except
arrest of judgment is added. 1972 Amendment. Same as prior rule.
RULE 3.590. TIME FOR AND METHOD OF
MAKING MOTIONS; PROCEDURE;
CUSTODY PENDING
HEARING
(a) Time for Filing in Noncapital Cases. A motion
for new trial or in arrest of judgment, or both, in cases
in which the state does not seek the death penalty, may
be made within 10 days after the rendition of the verdict
or the finding of the court. A timely motion may be
amended to state new grounds without leave of court
prior to expiration of the 10-day period and in the discretion
of the court at any other time before the motion
is determined. (b) Time for Filing in Capital Cases Where the
Death Penalty Is an Issue. A motion for new trial or
arrest of judgment, or both, or for a new penalty phase
hearing may be made within ten days after written final
judgment of conviction and sentence of life imprisonment
or death is filed. The motion may address grounds
which arose in the guilt phase and the penalty phase of
the trial. Separate motions for the guilt phase and the
penalty phase may be filed. The motion or motions may
be amended without leave of court prior to the expiration
of the ten day period, and in the discretion of the court,
at any other time before the motion is determined. (c) Oral Motions. When the defendant has been
found guilty by a jury or by the court, the motion may
be dictated into the record, if a court reporter is present,
and may be argued immediately after the return of the
verdict or the finding of the court. The court may
immediately rule on the motion. (d) Written Motions. The motion may be in writing,
filed with the clerk; it shall state the grounds on which it
is based. A copy of a written motion shall be served on
the prosecuting attorney. When the court sets a time for
the hearing thereon, the clerk may notify counsel for the
respective parties or the attorney for the defendant may
serve notice of hearing on the prosecuting officer. (e) Custody Pending Motion. Until the motion is
disposed of, a defendant who is not already at liberty
on bail shall remain in custody and not be allowed liberty
on bail unless the court on good cause shown (if
the offense for which the defendant is convicted is bailable)
permits the defendant to be released on bail until
the motion is disposed of. If the defendant is already at
liberty on bail that is deemed by the court to be good
and sufficient, it may permit the defendant to continue
at large on such bail until the motion for new trial is
heard and disposed of.
RULE 3.600. GROUNDS FOR NEW TRIAL (a) Grounds for Granting. The court shall grant a
new trial if any of the following grounds is established.
(1) The jurors decided the verdict by lot.
(2) The verdict is contrary to law or the weight of
the evidence.
(3) New and material evidence, which, if introduced
at the trial would probably have changed the
verdict or finding of the court, and which the defendant
could not with reasonable diligence have discovered
and produced at the trial, has been discovered. (b) Grounds for Granting if Prejudice Established.
The court shall grant a new trial if any of the
following grounds is established, providing substantial
rights of the defendant were prejudiced thereby.
(1) The defendant was not present at any proceeding
at which the defendant’s presence is required by
these rules.
(2) The jury received any evidence out of court,
other than that resulting from an authorized view of the
premises.
(3) The jurors, after retiring to deliberate upon the
verdict, separated without leave of court.
(4) Any juror was guilty of misconduct.
(5) The prosecuting attorney was guilty of misconduct.
(6) The court erred in the decision of any matter of
law arising during the course of the trial.
(7) The court erroneously instructed the jury on a
matter of law or refused to give a proper instruction
requested by the defendant.
(8) For any other cause not due to the defendant’s
own fault, the defendant did not receive a fair and impartial
trial. (c) Evidence. When a motion for new trial calls for a
decision on any question of fact, the court may consider
evidence on the motion by affidavit or otherwise.
“Disclaimer: The information on this page does not represent legal advice. Florida Statues obtained from Online Sunshine, www.leg.state.fl.us, the official site of the Florida Legislature. Because the law is continually changing, some of the provisions contained herein may be out of date. Contact the experienced criminal defense attorneys of Robbins, Tunkey, Ross, Amsel, Raben & Waxman, P.A. 24 hours a day, 7 days a week, toll free at (866) 262-4874 begin_of_the_skype_highlighting (866) 262-4874 end_of_the_skype_highlighting or locally at (305) 858-9550.
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Call today for a free consultation with a Miami Criminal Lawyer if you or a loved one are in need of a criminal defense attorney in Aventura, Bal Harbour, Bay Harbor Islands, Biscayne Park, Boca Raton, Broward County, Coconut Grove, Cooper City, Coral Gables, Coral Springs, Cutler Bay, Dade County, Davie, Doral, El Portal, Florida City, Fort Lauderdale, Golden Isles, Goulds, Hialeah, Hieleah Gardens, Hollywood, Homestead, Indian Village, Islandia, Kendall, Key Biscayne, Leisure City, Medley, Miami, Miami Beach, Miami Gardens, Miami Lakes, Miami Shores Village, Miami Springs, Miramar, North Bay Village, North Miami, North Miami Beach, Opa-Locka, Palm Beach County, Palmetto Bay, Pinecrest, Pinewood, Plantation, Princeton, Richmond Heights, South Miami, Sunny Isles Beach, Surfside, Sweetwater, Virginia Gardens, West Miami, Westchester, Weston, Westwood Lake or any other city in South Florida, throughout the State or all over the country.”
