MOTION FOR A NEW TRIAL
We Are Here To Serve You
A motion for a new trial, which is codified at 735 ILCS 5/2-1202, is a formal motion filed by a defendant after a finding of guilty following a bench or jury trial. The purpose of a motion for a new trial is to raise significant legal errors that occurred prior to trial or during the trial. Although the likelihood of a trial judge granting a motion for a new trial is small, especially so if the trial was before the same judge hearing the motion for a new trial, the motion must be timely filed otherwise arguments on appeal that could have been raised in the motion for a new trial are forfeited and cannot be raised on appeal except under a plain error standard of review.
A motion for a new trial must be filed within 30 days of the finding of guilty. Although a trial court can consider untimely motions for a new trial, the failure to file a timely motion for a new trial is dire. Only a timely filed motion for a new trial tolls the period of time to file a notice of appeal.
The most successful motions for new trial do not focus upon credibility determinations that made by the trier of fact or even whether the finding of guilty was correct. Instead, successful motions for a new trial focus their attention on miscarriages of justice, incorrect legal rulings, constitutional violations or discovery of new evidence that was unavailable prior to the trial. The failure to explicitly request a motion for a new trial waives forever the right to request a new trial in the future. For example, Jaleel Law has successfully presented motions for new trials based upon the prosecution’s violations against a client’s right against self-incrimination, a client’s right to testify in his own defense, and violations against a client’s right to remain silent.
It is important to remember that a motion for a new trial are rarely granted and are really a jurisdictional step in perfection of an appeal. We tell our clients that a strong motion for a new trial is the foundation for a successful appeal and that a poorly written and presented motion for a new trial can be determinantal to an otherwise strong direct criminal appeal. It is important to retain a criminal appeals attorney as soon possible after the conviction to ensure that you do not lose or forfeit any of your rights to an appeal because of failing to properly preserve the issues in a motion for a new trial.
Why Are We The Best?
Our mission is to make you feel like you are our most important client. After all you deserve nothing less.
A dynamic result occurs when honesty and integrity is combined with skill and experience.
At all times we will treat you how we would want to be treated and we will tell you everything we would want to know if our roles were reversed.
Chicago New Trial Attorney
Why Choose Us
You are our number one priority and our goal is to make you feel that everyday.
Former prosecutor in Cook County one of the largest prosecutorial offices in the world.
We will always talk to you and we will never talk at you.
Relentless advocate who is not afraid to fight the government.
We will always strive to be the advocate you can trust.
What Client’s Say
I can’t say enough great things about Omar Jaleel. I hired Omar to help a family member, who suffers from addition, ordered to a rehab facility for 15 months instead of being sentenced to jail. It took some time but he was dedicated and made it happen. A very difficult task in an overcrowded judicial system. Thank you for everything Omar.
Excellent attorney. Accountable. Always shows on time. Strives for customer needs and wants. You feel like you are really backed during the entire process.
Outstanding legal representation. Omer’s experience and expertise was truly an asset that payed dividends and prevented a disastrous outcome. I would highly recommend him to my friends and families without any hesitation.