Georgia Motion for New Trial Attorney
Ben has handled motions for new trial in Cobb County and all around the State of Georgia. If you have been convicted at trial, it is vital that you consult with an Georgia Criminal Appellate Lawyer like Ben immediately following the conviction to discuss the next steps.
What Is A Motion For New Trial?
The first stage of an appeal from a criminal conviction is the motion for new trial. Strict time limits apply to appeals, and a motion for new trial must be filed within 30 days of your conviction to ensure that your right to appeal is preserved. You must act quickly. Otherwise, you could lose your chance to appeal forever.
Ben recognizes that the motion for new trial, though usually heard by the same judge that presided over your trial, is a very important stage of your appeal. This is normally the last opportunity for you to present any additional evidence in support of your bid to overturn your conviction.
If your trial lawyer did not call a witness that would have helped you at trial, this witness must testify at the motion for new trial. If your trial lawyer did not hire an expert that would have aided your defense, your expert has to testify at the motion for new trial. If your trial lawyer did not object to evidence harmful to you, the lawyer is required to testify at the motion for new trial so that you can raise ineffective assistance of counsel claims.
Because the second stage of an appeal, the direct appeal, comes very quickly when a motion for new trial is denied, it is imperative that much of the work be done prior to the motion for new trial. Ben has handled motions for new trial in murder cases, vehicular homicide cases, burglary cases, drug cases and sex cases. He became a lawyer because he wanted to help people, and he works hard every day and on every case to do just that.
In order to ensure that the record is complete with the evidence and testimony you need assert your strongest claims on appeal, Ben will do a full investigation of your case in preparation for the motion for new trial. This preparation has led to new trials and lesser sentences for the clients Ben has represented. A few of these cases are described below.
In State v. D.L., Ben took over the case after D.L was convicted on multiple counts of firearm possession. Ben quickly realized that the State had failed to establish at trial that D.L. had possessed these guns in the county in which he was prosecuted. Ben convinced the trial judge that this evidence was lacking. A new trial was ordered, and Ben then convinced the prosecutor to dismiss all the charges.
In State v. T.D., Ben's client had been sentenced to fifteen (15) years in prison without the possibility of parole following his conviction at trial on drug charges. After scrutinizing the trial record, Ben figured out that T.D.'s sentence was illegal. He convinced the prosecutor of this, and the prosecutor agreed to a new sentence of seven (7) years in prison with the possibility of parole.
In State v. U.K., Ben found the most egregious example of ineffective assistance of counsel he had ever seen. U.K. had been convicted of very serious sexual offenses, and had been sentenced to 25 years in prison without the possibility of parole, followed by lifetime registration as a sex offender. Through investigation, Ben learned that U.K.'s trial lawyer had only two (2) days to prepare for trial and had failed to notice a serious defect in the indictment. Ben's preparation for the motion for new trial convinced the State to consent to the granting of a new trial. Ben then negotiated a new sentence of three (3) years without the requirement that U.K. register as a sex offender.
If you have been convicted of a crime, this is not the end of your case. There is still hope. Call a Georgia Criminal Appeals Lawyer immediately at 404-985-9772, or contact him here, for a free consultation regarding your appellate rights.