Pursuant to New Hampshire criminal law RSA 526, a defendant who has been convicted can file a motion for new trial within three years of the date of the conviction. This type of motion is different than an appeal in that it can raise new facts or issues that were not raised during the trial. Unlike an appeal before the New Hampshire Supreme Court, the motion for new trial is filed with the trial court.
A motion for new trial must be based on new facts that were not known, and could not reasonably have been known, to the defendant at the time of the trial. The trial judge must also make a finding that the new facts would have changed the outcome of the trial.
The most common ground for a motion for new trial is ineffective assistance of counsel. The defendant, through a new lawyer, would argue that his trial lawyer did not defend the case adequately. For this type of motion to be successful the trial judge will have to be agree that the trial lawyer was incompetent and that the poor performance made a difference in the outcome.
If your trial attorney did not defend you adequately, you need to contact the defense experts at Cohen & Winters today. Let’s discuss your motion for new trial in a free consultation.