In many situations, a conviction and sentencing is the end of your efforts to avoid penalties or a criminal record. When defendants have been found guilty of a crime and sentenced, often they will simply serve their sentence and move on with their life. This is why it is so important to try to avoid conviction in the first place with help from an experienced Las Vegas criminal defense attorney.
Sometimes, however, there are circumstances which justify the conviction against you being vacated or a new trial being ordered. When this happens, it is important that you are aggressive in understanding the law and in pursuing the appropriate legal processes. Having your judgement vacated or a new trial ordered could mean clearing your name, the end to penalties, and the ability to move on with your life without a criminal conviction following you.
LV Criminal Defense provides legal representation in situations where someone may be entitled to a new trial or to having a judgement vacated. We can help you to petition the appropriate court to ask for your case to be reconsidered and we can assist you in making the most compelling arguments possible for why the outcome in your prior criminal proceedings should not stand. Call today to find out more about how our legal team can fight for you and act as your advocate as you try to correct an injustice that was done.
Nevada Revised Statute section 176.515 provides details on when a court can grant a new trial or when a court can vacate a judgement after a criminal conviction.
According to our criminal lawyers, the court can grant a new trial to a defendant if the court is required to do so as a matter of law. A matter of law refers to a judicial inquiry which is focused on an interpretation of the law. In other words, if there was a problem in the lower court during the original trial with how any Nevada laws were interpreted, the court can grant a new trial or can vacate the judgement. Very strong legal arguments need to be made to convince the court that there are legal grounds to order a new trial based on issues with how the law was interpreted. You need a skilled attorney to make the highly technical legal arguments which are necessary to prevail.
N.R.S. 176.515 also indicates that the court should grant a new trial to a defendant on the grounds of newly discovered evidence. In some situations, witnesses come forward after the fact; someone confesses to a crime after a defendant has already been convicted of it; or credible evidence emerges that the wrong person may have been arrested. New scientific evidence can also be developed which can clear someone’s name, which may not have been available during an initial trial. When new evidence comes to light, the court should grant a new trial in order for the defendant to be able to present this new evidence with the goal of clearing his name.
Except for in situations where a motion for a new trial is made based on newly discovered evidence, a defendant’s motion for a new trial has to be made within seven days of the verdict against the defendant or within seven days of a finding of guilt. The court, however, can fix a different deadline or time limit for a defendant to file a motion for a new trial. If the motion for a new trial is based on finding new evidence, the motion typically has to be filed within two years of the verdict or finding of guilt, unless the case falls within one of the statutory exemptions in N.R.S. 176.09187.
N.R.S. 176.515 not only protects defendants by allowing them to ask for a new trial based on legal mistakes or new evidence, but it also provides protection for defendants who are victims of human trafficking or involuntary servitude.
The law provides that the court can grant a motion to vacate a judgement for a defendant who is convicted of certain types of sex crimes, such as prostitution or unlawful trespass, if the defendant’s participation in the offense occurred because the defendant was a victim of human trafficking or was a victim of involuntary servitude. In other words, if someone is forced into prostitution and then convicted of prostitution, the court can vacate the conviction.
To have a conviction vacated, the person who was the victim of involuntary servitude or human trafficking will need to make a legal motion under N.R.S. 176.515. The defendant can make such a motion when they cease being a victim of trafficking or involuntary servitude. When deciding whether or not to grant the motion, the court needs to consider reasonable concerns for the safety of the defendant, the defendant’s family members, and other victims who may have been put at risk as a result of the filing of the motion.
If the court vacates a judgement against a human trafficking victim or victim of involuntary servitude, the court will not only vacate the judgment, but will also dismiss the accusatory pleading, and take any additional action deemed appropriate under the circumstances.
A Las Vegas criminal defense lawyer can provide assistance if you have been convicted of a crime and you want to try to clear your name with a new trial or getting the judgement vacated. This type of case can be very complicated, as you need to make sound legal arguments to explain why you should have the verdict on your case overturned.
Nick Wooldridge has the knowledge, skill, and experience necessary to help you make the strongest possible legal arguments so you have the best chance of being able to move on with your life without a criminal record holding you back.
Give us a call today to learn more about the ways in which we can help you if you have been convicted of a criminal offense.