South Florida Criminal Attorneys Blog
Being found guilty of a criminal charge can be devastating news, but that doesn’t mean the fight is over. Sometimes the legal process can make errors and there are options designed to remedy these errors. One such opportunity is seeking post-conviction relief through newly discovered evidence (also known as after-discovered evidence). Post-conviction relief can help reduce a sentence or even overturn your conviction. If you’ve discovered new evidence that you believe can create doubt on your guilt, let us help you earn post-conviction relief.
Newly Discovered Evidence
To qualify for post-conviction relief through newly discovered evidence, the evidence must have:
Existed at the time of the original trial but was discovered after the original trial concluded
Reasonable likelihood to change the outcome of your case
Been unavailable to you and your lawyer prior, especially acting with reasonable care to find all relevant evidence
Common Examples
New witness
Witness changing their testimony
Another party admitting to the crime
DNA evidence or other scientific evidence
Credible evidence the police or prosecution intentionally hid from you or your lawyer
There are other forms of newly discovered evidence so it’s important you disclose all so your lawyer can best assist in your protection.
Speak to an Attorney today
Once you’ve discovered new evidence on your case, reach out to a post-conviction lawyer immediately. Normally after your final judgment, you have two years to file a post-conviction relief claim (also known as Motions to Vacate). With newly discovered evidence, you’ll have two years from the time of discovery to file a post-conviction relief claim. If your post-conviction relief has been granted, your conviction could be overturned, or your sentence can be reduced. In some cases, you can be released from prison. If denied, you still have options to appeal the decision. Let us help you. Call now at 954.928.0059