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
  • Rogers, 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.

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