Step 9: Post-Trial Motions
If the defendant is convicted, there are several motions that can be filed after the trial is over.
Common post-trial motions include:
- Motion for a New Trial – The court can vacate the judgment and allow for a new trial. This is rarely granted, but may be done “if the interest of justice so requires.”
- Motion for Judgment of Acquittal – Court may set aside the jury’s verdict and allow the defendant to go free.
- Motion to Vacate, Set Aside, or Correct a Sentence – Often successful for the purpose of correcting a clerical error in the sentence.
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