Rhode Island Motion for a New Trial Based on Newly Discovered Evidence
A conviction does not have to be the end of the road. If new evidence has surfaced that could change the outcome of your case, you may be eligible to file a Motion for a New Trial under Rhode Island Rule of Criminal Procedure 33. At Manosh Payette Criminal Defense Attorneys, we have extensive experience in both trial and appellate litigation, making us uniquely qualified to fight for your right to a fair trial.
Understanding Rhode Island Rule of Criminal Procedure 33
Rule 33 states:
“The court may grant a new trial to the defendant if required in the interest of justice. *** A motion for a new trial based on newly discovered evidence may be made only within three (3) years after the entry of judgment by the court."
This rule provides a crucial opportunity for defendants who can demonstrate that new evidence has come to light—evidence that was not available at trial and could have changed the jury's verdict.
What Qualifies as Newly Discovered Evidence?
Not all new information qualifies as newly discovered evidence under Rule 33. To succeed, you must prove that:
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The evidence was not available at the time of trial, even with due diligence.
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The evidence is material and not merely cumulative or impeaching.
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The evidence would likely change the outcome if a new trial were granted.
Common examples of newly discovered evidence include:
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Recantation of Testimony – A key witness admits they lied during trial.
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New Forensic Evidence – DNA analysis, fingerprints, or other scientific discoveries proving innocence.
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Previously Withheld Evidence – Documents, recordings, or exculpatory evidence that were improperly suppressed.
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New Witnesses – Individuals coming forward with crucial testimony that was not presented at trial.
The Motion for a New Trial Process in Rhode Island
Filing a motion for a new trial is a complex legal procedure requiring a deep understanding of both trial and appellate strategies. The process generally involves:
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Investigation & Evidence Collection – We work with forensic experts, investigators, and other professionals to build a strong case.
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Drafting the Motion – Our attorneys craft a compelling legal argument, citing relevant case law and procedural rules.
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Hearing Before the Trial Court – The judge who oversaw the original trial will review the motion and may hold a hearing to evaluate the new evidence.
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Potential Appeals – If the motion is denied, we can appeal the decision to a higher court.
Why Choose Manosh Payette Criminal Defense Attorneys?
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Trial & Appellate Experience – Unlike firms that focus solely on trials OR appeals, we have extensive experience in both trial courts and appellate courts, giving us a unique advantage in litigating Rule 33 motions.
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Proven Success – Our team has successfully handled complex post-conviction cases, including new trial motions based on DNA evidence, wrongful convictions, and prosecutorial misconduct.
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Strategic & Aggressive Representation – We leave no stone unturned in our investigation, ensuring every possible argument is presented in your favor.
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Client-Centered Approach – We understand the emotional and legal challenges of post-conviction cases and provide dedicated, personalized representation.
Contact Us Today to Discuss Your Motion for a New Trial
If you or a loved one has been wrongfully convicted and new evidence has emerged, don't wait. Rhode Island courts impose strict deadlines on Rule 33 motions. Manosh Payette Criminal Defense Attorneys are ready to fight for your justice.
Call us now for a confidential consultation and let us evaluate your case.
