Asked 3 months ago - Canyon Lake, TX
FlagWhat must happen, be proved, etc... for a new trial to be granted for a misdmeanor DWI 2nd?
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That there was such a serious error or legal abuse that can only be corrected by a new trial. This is a high burden and your attorney who tried the case is your best adviser about this case. Sometimes, motions for new trial are filed just to get additional time before final judgement. Talk to your lawyer/
There has to be extreme error for a new trial to be granted such as new evidence or juror misconduct. Granted motions for new trial are very rare.
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If you plan to appeal file a motion for new trial. Which 98% of the time is denied. However I have found that if there is some very good reason new trial may be warranted the Judge might hold a hearing on the motion for new trial. This hearing is often critical to get on the record to help your appeal. Especially if there may have been ineffective assistance of counsel claims. If you do not plan on filing an appeal it is most likely a waste of time.
The Texas Rules of Appellate Procedure list the possible grounds for a new trial. There are other grounds, not specifically listed, but only a qualified and experienced Texas Appeal Lawyer would know. Please note there are strict deadlines for filing a motion for new trial. Many times the motion must be supported by affidavit in order to put facts in issue. Do not delay! Your appeal lawyer needs as much time as possible to investigate and prepare the motion.
