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Post Conviction Procedures
After a defendant is convicted of a
crime, he may decide to file a
postconviction motion or appeal his
conviction. The types of postconviction
motions the defendant may file differ from
state to state. The defendant may file
several different motions after a judgment
has been entered against him.
Motion
for a New Trial
A motion for a new trial is a
request by the defendant for a second
trial on the basis that there were
significant legal errors that occurred
during the first trial. Typically the
motion should be filed shortly after the
adverse verdict was rendered against the
defendant. The trial judge who presided
over the defendant's first trial usually
hears the motion. |
Motion to Vacate or Set
Aside the Judgment or Sentence
The defendant may file a motion to
vacate or set aside a judgment if the
judgment was void for some reason. The
judgment could have been void because
the offense charged was not a crime, the
judgment was obtained contrary to the
law, or because the trial court lacked
proper jurisdiction over the defendant.
The defendant may file a motion to
vacate his sentence if the sentence was
unduly excessive. |
Grounds for Postconviction
Motions
There are various grounds upon which a
motion for postconviction relief may be
granted. Among the grounds are:
- Newly discovered evidence.
- Prosecutorial or judicial misconduct.
- If defendant's due process rights were
violated.
- Incorrect jury instructions.
- The evidence does not support verdict.
Appeals
After the defendant is convicted, he may
also file an appeal. Typically in most
states and depending upon the crime, the
defendant is entitled to one appeal of
right.
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Cameron, Gonzalez & Marroney has its
principal office at 901 N. Olive Avenue, West
Palm Beach, Florida, 33401. We represent our
clients before Federal and State Courts in
Miami, Fort Lauderdale, West Palm Beach,
Martin, and St. Lucie counties, Vero Beach, and
all family courts throughout the state of
Florida. |
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Cameron, Gonzalez & Marroney practices in the following areas of law: General Civil Trial Practice, Corporate, Business Law, Contracts, Real Estate, Personal Injury, Wrongful Death, Criminal Law, Commercial Litigation, Construction Law, Medical Malpractice, Family Law, Divorce and Child Custody. |
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