Post-Trial Motions
In Florida, after a criminal trial, several post-trial motions can be filed by either the prosecution or the defense. Some of the most common post-trial motions include:
Table of Contents
Motion for New Trial
Motion for New TrialMotion for Judgment of Acquittal (JOA)Motion to Withdraw Guilty PleaMotion for Correction of SentenceMotion for Post-Conviction Relief (PCR)Motion for Modification of SentenceMotion for ResentencingMotion for New Trial
This motion asks the court to grant a new trial due to errors or irregularities that occurred during the trial, which may have affected the outcome. Grounds for a new trial could include newly discovered evidence, juror misconduct, or errors in the admission or exclusion of evidence.
Motion for Judgment of Acquittal (JOA)
Also known as a "Motion for Directed Verdict" in some jurisdictions, this motion requests the court to enter a judgment of acquittal in favor of the defendant because the evidence presented at trial was insufficient to support a guilty verdict.
Motion to Withdraw Guilty Plea
If the defendant entered a guilty plea before trial, this motion requests the court to allow the defendant to withdraw the plea. Grounds for withdrawal could include involuntariness, ineffective assistance of counsel, or failure to understand the consequences of the plea.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Motion for Correction of Sentence
This motion asks the court to correct errors in the defendant's sentence. It might be filed if the sentence was calculated incorrectly or is illegal or unconstitutional.
Motion for Post-Conviction Relief (PCR)
This motion is filed under Florida Rule of Criminal Procedure 3.850 and allows a defendant to challenge his or her conviction or sentence based on grounds such as ineffective assistance of counsel, newly discovered evidence, or constitutional violations.
Motion for Modification of Sentence
This motion asks the court to modify the sentence imposed on the defendant. Grounds for modification could include changes in circumstances or new information that warrants a different sentence.
Motion for Resentencing
If changes in the law or legal precedents affect the defendant's sentence, this motion asks the court to resentence the defendant accordingly.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
These post-trial motions provide avenues for both the prosecution and the defense to address issues that arise after the trial has concluded and to seek relief or remedies as appropriate.
If you have questions about the resolution of your criminal case, contact attorney Madison Howeller today at
(386) 878-5087. Consultations are always free.
The information on this site is for educational purposes only and is not to be construed as legal advice. If you have questions about a criminal case, please contact an attorney.