Regarding post-trial motions and actions, the defense or prosecution can motion for a new trial, ask for a judgment of acquittal, and correct clerical mistakes in the judgment or sentencing. This involves both convictions in Missouri and potential sentencing.
What is a Conviction?
A conviction occurs when a defendant is formally found guilty of a crime by a court of law. This determination of guilt can happen either through a guilty plea, where the defendant admits to the crime or as the result of a trial where a judge or jury decides the outcome based on the evidence presented to you and your criminal defense attorneys. In other terms, a conviction marks the point at which the court officially declares the defendant responsible for the criminal offense.
However, a conviction is just one part of the legal process. Once a conviction is made, the case moves to the sentencing phase, where the court determines the appropriate punishment or penalties for the crime. This could include jail time, probation, fines, or other legal consequences. The sentencing process takes into account various factors, the severity of the crime, the defendant’s criminal history, and any mitigating or aggravating circumstances. In essence, while a conviction establishes guilt, sentencing assigns the punishment.
Common Types of Convictions
Convictions fall into two different categories: Misdemeanors and felonies.
Misdemeanor Convictions
Misdemeanors involve a wide range of crimes. Missouri misdemeanors postrial procedures depend on the alleged crime, including:
Misdemeanors
- Petty Theft
- “Simple” Assault
- Public Intoxication
- First Offense DWI/DUI
- Disorderly Conduct
- Trespassing
- Speeding
Felonies
- Aggravated Assault
- Burglary & Theft
- Drug Trafficking
- Child Abuse, Neglect, and Abandonment
- Sex Crimes
- Subsequent DWI/DUI Convictions
- Gun Charges
- Kidnapping
- Murder/Homicide
- Motor Vehicle Tampering
What is Sentencing?
A sentence is given when the court decides the punishment for the individual in question. A sentence can come for a plea or a trial and gives the judge time to evaluate the case and the appropriate penalty for the convicted crime.
There are a lot of factors that work into sentencing, which include:
- Nature and Severity of the Crime
- Criminal History / Record
- Aggravating Factors
- Mitigation Factors
- Outstanding Legal Guidelines
- Probation and Substance Abuse
- Breaking Parole Boundaries
- Failure to Pay Fines and Restitutions
Sentencing limits and penalties for misdemeanors and felonies depend on both the crime and how well the defendant is prepared before the court. There is a separate sentencing hearing where the defense and prosecution can present arguments regarding the court’s decision. “Leniency” is a common defense which is based on many of the bullet points above. A history of violence, a tendency to commit a crime without remorse, or brazen actions (called aggravating factors) can lead to a full sentence versus a shortened one. A judge’s decision looks at punishment, deterrence, rehabilitation, and societal protection as a whole.
Mitigating Factors for a Criminal Case
During sentencing, your criminal defense attorney can argue for a lighter sentence based on mitigating factors:
- Lack of Criminal Record
- Demonstrating Genuine Remorse
- Mental Illness or Impairments
- Minor Role in a Crime
- Cooperation With Authorities
- Efforts to Make Amends
- Youth or Old Age
- Committing the Crime Under Duress or Coercion
- Efforts for Rehabilitation
- Significant Family Responsibilities
It is up to the judge whether or not, and to what extent, mitigating factors reduce your sentencing.
Post-Trial Actions in Missouri
Typically, pre-trial motions are used to make sure the legal process is followed to the letter. After a trial, there are other motions that can be sent to the court. The main ones include:
A sentencing or verdict can be swayed due to a number of reasons, including:
- Newly Discovered Evidence
- Legal Errors During Trial
- Juror Misconduct
- Insufficient Evidence
- Unethical Conduct
Types of Post-Trial Motions
There are a number of post-trial motions the defense or prosecution can make depending on the circumstances after the trial. The common ones include:
- Motion for a New Trial: If the verdict is against the defendant, they and their legal team can motion that there were errors during the trial or against any misconduct.
- Judgment of Acquittal: This motion allows a defendant to reverse the jury’s verdict. This is typically due to a lack of evidence (i.e. needing more time to gather and investigate.)
- Motion to Amend the Judgment: The defendant can file a motion to alter a verdict if they believe it is unfair or incorrect due to various circumstances.
- Arrest of Judgment: This motion can be made to nullify a guilty verdict due to legal errors.
- Motion to Reduce a Sentence: Quite common, a reduction of a sentence is used to mitigate the defendant’s jail/prison time or penalties.
Defense attorneys know that timing is a significant factor. These types of motions should be filed within days of a verdict/judgment for them to be processed.
If any of these motions are granted, the case could be retried, the sentence and penalties reduced, or the judgment is overturned. Any sort of motion may lead to an appeal (if necessary). Most of the time, post-trial motions are made to ensure fairness in a case and reduce costs if an appeal does happen.
What Is An Appeal?
An appeal in a criminal case is a request for a higher court to review a lower court’s decision. It’s not a new trial but an examination of whether legal errors occurred during the original trial, such as improper evidence admission or incorrect jury instructions. If the appellate court finds significant errors, it may overturn the conviction, reduce the sentence, or order a new trial. Appeals are crucial for ensuring that convictions and sentences are fair and legally sound.
Basically, an appeal allows defendants to challenge a court’s verdict. This addresses potential errors and other factors (invalid evidence, shaky testimonies, etc.) and may lead to another trial or get the case thrown out. An appeal can lead to a new case, a modified sentence, or lead to nothing. Both the prosecution and defense have the advantage of using appeals that can either be alarmist, bad for the defendant, in favor of the defendant, or justified.
Common Grounds for Appeal
There are a variety of reasons you and your criminal defense lawyer might make an appeal. See below:
- Inadequate Legal Counsel
- Juror Misconduct
- Legal errors
- New Evidence
- Improper Admission of Evidence
- Incorrect Jury Instructions
- Sentencing Errors
- Misconduct by the Prosecution
A successful appeal can lead to a second trial or a dismissal of charges.
Post-Trial Motions and Sentencing
Post-trial motions after a verdict are important in the justice system. They allow either the prosecution or defense to request a review of the case for any errors, or invalid evidence and even request a new trial or acquittal. This can lead to a reduced sentence or a complete dismissal depending on the alleged crime.
