Detroit Lakes, MN asked in Criminal Law and Civil Litigation for Minnesota

Q: How do I get a new trial for a case that was decided against me? I have evidence that the opposing party lied in court.

I have audio recordings and new evidence that proves the opposing parties witnesses committed perjury. The Judge has a bias against me and has since refused to listen to me. Do I approach the MN Bar Association or how would I proceed to get the false charges against me dropped or reexamined in a new trial?

2 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Saint Cloud, MN
  • Licensed in Minnesota

A: The process for a new trial involves appealing the conviction. The alternative is too seek post-conviction relief if the time frame for appeal has expired. However this would be dependent on "newly discovered" evidence. You should consult with an attorney about what your avenues to address this issue might be.

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: If the defendant loses a trial, they can make a motion for a new trial. But it must be done within a relatively short period of time after the trial. It's best to get your attorney that represented you at trial help you with that, since they will be aware of errors by the judge and misconduct by the prosecutor, if any. It would be key to have a lawyer's help with that. If the new trial motion is denied, the defendant could appeal to the Minnesota Court of Appeals (assuming a Minnesota state case). Again, there is a short deadline for doing so and help from a lawyer is essential with an appeal.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.