The Steps in filing a motion for a new trial based on newly discovered evidence

[Rholmes1]

Good Evening:

My question is, once a defense attorney finds out new evidence from one
of
the prosecution\'s witnesses after the trial is over and the defense
attorney\'s client was convicted, but now this newly found evidence
could
reverse the outcome, how and what are the exact steps in filing a
motion for
a new trial? Also, at the new trial, would the defendant be able to be
released to be at the new trial? Thank you.

If it truly could not have been obtained at trial then a motion can be filed and a new hearing made. It is not easy to do and you should have legal counsel involved. Don't try to do it alone.

This is not a personal situation. I'm trying to find out because of a fictional book I'm writing.

Hi,

Can anyone help me with this questions or direct me to where I can research this issue. I was trying to find out the steps for an attorney to go about filing a motion for a new trial, based on newly discovered evidence, after his client has been convicted?

To prevail on a motion for a new trial on the ground of newly discovered evidence, the defendant must show (1) the evidence was discovered after trial, (2) the failure to learn about the evidence at the time of trial was not the result of the defendant's lack of diligence, (3) the newly discovered evidence is material to the issues at trial, and (4) the weight and quality of the newly discovered evidence would likely result in an acquittal.

Can a public defender assist on this same scenario or would we need to hire an attorney for this? I am thinking financial situation.

They can if you can convince them to do so.

any pointers on how I can convince them?