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Cohen Law, P.A., utilizes our years of experience to protect the rights of Lakeland, Florida and Polk County area residents by providing professional Criminal Defense and Post Conviction New Trial Criminal Defense legal services.
Under certain circumstances, if an individual is convicted during a criminal trial, the defendant may seek to have the verdict set aside in seeking a new trial. Motion for new trial shall be filed and served within 5 days after verdict, if a jury trial was had, or after entry of judgment, if trial was by the court. A reserved motion for directed verdict shall be renewed within the period for moving for a new trial.
In a New Trial, 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.
According to Florida Law, the court shall grant a New Trial if any of the following grounds is established:
Grounds for Granting a New Trial 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.
Miranda Rights
By Attorney, Lee Cohen
A Legal Success Story
of Attorney, Lee Cohen
ATTORNEY, LEE A. COHEN
BIOGRAPHY
Attorney Lee A. Cohen has been practicing law in the State of Florida since 1996. His law practice focuses on protecting the rights of those accused of committing criminal offences. Over the years, Mr. Cohen has Successfully represented countless residents of, and visitors to, Polk County and Central Florida regarding criminal matters. Mr. Cohen strongly believes that everyone is presumed innocent, and aggressively utilized every legal resource available unter the law in an effort to always provide the highest standard of legal representation.
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BOARD CERTIFIED IN
CRIMINAL TRIAL LAW
I Lee Cohen, am Board certified in criminal trial law. You’re not going to talk to too many attorneys that are board certified in the area that they practice. Board certification means that I am a specialist in Criminal Trial Law. Which means I have passed a special review by the Florida Bar Association to be recognized as a specialist in practicing criminal trial law.
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ATTORNEY, LEE A. COHEN
BIOGRAPHY
Attorney Lee A. Cohen has been practicing law in the State of Florida since 1996. His law practice focuses on protecting the rights of those accused of committing criminal offences. Over the years, Mr. Cohen has Successfully represented countless residents of, and visitors to, Polk County and Central Florida regarding criminal matters. Mr. Cohen strongly believes that everyone is presumed innocent, and aggressively utilized every legal resource available unter the law in an effort to always provide the highest standard of legal representation.
LEE A. COHEN'S BIOGRAPHY › › ›
BOARD CERTIFIED IN
CRIMINAL TRIAL LAW
I Lee Cohen, am Board certified in criminal trial law. You’re not going to talk to too many attorneys that are board certified in the area that they practice. Board certification means that I am a specialist in Criminal Trial Law. Which means I have passed a special review by the Florida Bar Association to be recognized as a specialist in practicing criminal trial law.
CONTACT COHEN LAW, P.A. › › ›
A post-conviction new trial in Florida is a remedy that allows a defendant to challenge the validity of a conviction or sentence after exhausting the direct appeal process. There are several grounds on which a post-conviction new trial can be based, such as: **the conviction was unconstitutional or violated a federal or state law**, **the court did not have jurisdiction to enter the judgment**, **the defendant did not receive a fair trial**, or **new and material evidence has been discovered that would probably have changed the verdict**. A post-conviction new trial must be filed within a specific time limit, depending on the type of claim and the nature of the case. A post-conviction new trial is not a substitute for an appeal, but a separate and independent civil action.
According to Florida Rule of Criminal Procedure 3.850, a motion for post-conviction relief must be filed within two years of the date the judgment and sentence become final. However, there are some exceptions to this rule, such as newly discovered evidence, ineffective assistance of counsel, or a change in the law. Therefore, it is advisable to consult with an experienced criminal defense attorney as soon as possible to determine the best course of action for your case.
A post conviction new trial and an appeal are two different ways to challenge a criminal conviction in Florida.
An appeal is a review of the trial court proceedings by an appellate court, based on the record and the legal issues raised at trial.
A post conviction new trial is a request to the trial court to vacate the conviction based on new evidence or other errors that denied the defendant a fair trial.
An appeal must be filed within 30 days of the conviction, while a post conviction new trial can be filed later, usually after losing an appeal.
An appeal can result in a reversal, a dismissal, or a retrial of the case, while a post conviction new trial can result in a new trial or a new sentence.
The chances of successfully being granted a new trial relating to a criminal case in Florida depend on several factors. According to the Florida Rules of Criminal Procedure, a defendant may file a motion for a new trial within 10 days after the final judgment of conviction and sentence. The motion must state the grounds for a new trial, which may include: juror misconduct, prosecutorial misconduct, erroneous instructions, new and material evidence, or any other cause that prevented a fair and impartial trial. The court shall grant a new trial only if the defendant can show that their substantial rights were prejudiced by one or more of these grounds. However, the court has discretion to deny a new trial if the error or defect was harmless or did not affect the verdict.
A new trial is a remedy that may be granted by a court when the verdict or judgment of the original trial is contrary to law or the weight of the evidence, or when new and material evidence has been discovered that would probably have changed the outcome of the trial. In Florida, a motion for new trial must be filed within 10 days after the verdict or finding of guilt. However, if the motion is based on newly discovered evidence, it may be filed within two years after the verdict or judgment. The court may consider evidence on the motion by affidavit or otherwise. New evidence or evidence excluded in the original trial can be presented during a new trial if it is relevant, material, and not cumulative. The court has discretion to grant or deny a new trial based on the circumstances of each case.
In Florida, there are several grounds for seeking a post-conviction new trial, such as newly discovered evidence, ineffective assistance of counsel, or constitutional violations. However, challenging the jury verdict for justification is not one of them. Justification is a defense that must be raised at trial, not after. Therefore, a defendant who wants to argue that they acted in self-defense, necessity, or duress cannot do so in a post-conviction motion.
In Florida, a defendant can request an evidentiary hearing for a post-conviction new trial by filing a motion under Rule 3.850 of the Florida Rules of Criminal Procedure. The motion must allege specific grounds for relief, such as ineffective assistance of counsel, newly discovered evidence, or constitutional violations. The motion must also be filed within two years of the final judgment or mandate affirming the conviction or sentence on direct appeal. If the motion is facially sufficient and not procedurally barred, the court may grant an evidentiary hearing to determine whether the defendant is entitled to a new trial.
5430 Strickland Avenue, Lakeland, FL 33812
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