Los Angeles Motions Based on Newly Discovered Evidence

When a jury returns a guilty verdict or a judge pronounces judgment, it can feel as though the case file is permanently closed. Yet every year, scientific advances, witness recantations, and courageous investigative work reveal facts that were hidden when the verdict was reached. California law recognizes that the pursuit of justice does not end at conviction, and it provides specific procedural paths, including Los Angeles motions based on newly discovered evidence, for correcting miscarriages of justice based on genuinely new information.

At Kraut Law Group Criminal & DUI Lawyers, we combine decades of prosecutorial and defense experience inside Los Angeles courtrooms with a network of forensic experts to breathe life into that new evidence and fight for our clients’ freedom, all while skillfully navigating the Los Angeles criminal process.

Newly discovered evidence is not simply anything that was not presented at trial. California courts impose strict requirements designed to filter out evidence that could have been found earlier with reasonable effort or that would have little impact on the outcome. To qualify, the evidence must be truly fresh, material, admissible, and likely to have altered the verdict. This high bar protects the finality of judgments while ensuring they are not built on false or incomplete foundations.

• Discovered after the trial and judgment were final
• Could not have been found with reasonable diligence during the original proceedings
• Is material and non-cumulative
• It could have resulted in a different verdict had it been presented.
• Is admissible or capable of being admitted under the California Evidence Code

When these elements come together, the law provides a powerful antidote to wrongful convictions, primarily through Los Angeles motions based on newly discovered evidence.

Los Angeles is a sprawling metropolis blanketed by cameras, connected devices, and ever-evolving forensic laboratories. That environment creates fertile ground for new evidence to surface long after a trial ends, fueling Los Angeles Motions Based on Newly Discovered Evidence that can change case outcomes.

• Contemporary DNA profiling and genetic genealogy
• Advanced fingerprint or ballistic re-analysis using modern imaging technology
• Digital data extracted from smartphones, cloud back-ups, or vehicle infotainment systems
• Video footage retrieved from traffic cameras or private security systems that did not exist at the time of the trial
• Recantations or newly recorded statements by key witnesses
• Whistleblower testimony exposing misconduct or forensic fraud
• Independent expert opinions discrediting “junk science” once relied upon by the prosecution
• Newly surfaced social-media posts or direct messages establishing alibis or impeaching credibility

California offers two statutory vehicles for defendants seeking to leverage new evidence: a motion for a new trial and a motion to vacate judgment. Each serves a distinct purpose and follows its timetable.

• Must be filed in the trial court before sentencing or within a very short statutory window
• Available even while the defendant remains in custody
• Seeks a new trial; original judgment is not automatically vacated
• Strict deadlines mean counsel must start gathering affidavits immediately

• Can be filed after sentencing, even many years later, if the evidence was discovered within the past year
• Designed for defendants who are no longer entitled to pursue a traditional habeas writ
• Attacks the validity of the conviction and, if granted, wipes out the judgment
• Requires a showing that the evidence “completely undermines” the prosecution’s case

Choosing the correct motion, and sometimes filing both in the alternative, is a strategic decision that demands deep familiarity with procedural rules and informal courtroom customs in Los Angeles County, especially when handling Los Angeles motions based on newly discovered evidence.

Judges expect more than general allegations that the evidence is new and essential. The motion must present a well-organized record that demonstrates why the conviction cannot stand.

• Sworn declarations from investigators, experts, or witnesses establishing how and when the new evidence was found
• Documentary exhibits and lab reports authenticated under Evidence Code §1410-§1421
• A timeline showing diligent but unsuccessful attempts to locate the evidence earlier
• Expert declarations explaining why the new information would likely sway a reasonable jury
• Legal memorandum connecting the facts to statutory criteria and constitutional due-process principles

Meticulous preparation is the hallmark of a persuasive motion, and a key reason Kraut Law Group Criminal & DUI Lawyers’ post-conviction practice in Los Angeles, Motions Based on Newly Discovered Evidence, has earned respect from both judges and prosecutors.

The following workflow illustrates how our firm converts raw information into a courtroom-ready package:

• Conduct a top-to-bottom audit of the original discovery to identify what was known and when
• Interview every trial witness, juror (where permissible), and investigating officer to spot inconsistencies
• Retain independent laboratories to replicate or refute contested forensic results
• Preserve digital metadata and chain-of-custody logs to pre-empt authenticity challenges
• Draft a persuasive narrative affidavit from the defendant or a family member documenting diligence
• File and serve the motion in compliance with Los Angeles Superior Court Local Rule 4.5
• Request a full evidentiary hearing and secure subpoenas for necessary witnesses

Once a court sets the matter for hearing, the real battle begins.

• Both sides may present testimony and cross-examine witnesses under oath
• The moving party carries the burden to establish each statutory element by a preponderance of the evidence
• Judges weigh credibility, assess whether the evidence is merely impeaching or truly exculpatory, and determine materiality.
• If the court grants relief, it may order a new trial, vacate the judgment, or, in rare cases, dismiss the charges outright.
• The prosecution then decides whether to retry, offer a reduced plea, or concede dismissal.

A carefully orchestrated hearing can dramatically shift the balance of power in favor of the defense.

A well-supported motion often prompts meaningful discussions with the District Attorney even before the judge rules.

• Present the new evidence to the Los Angeles County District Attorney’s Conviction Integrity Unit to explore stipulated relief.
• Negotiate for an agreed-upon resentencing under other statutes to minimize incarceration while motions are pending.
• Use the motion as leverage for post-conviction plea bargaining where retrial evidence is weak.

Our firm’s credibility as former prosecutors frequently opens doors to constructive negotiations that pure litigation cannot achieve.

Not every lawyer is equipped to navigate the scientific, procedural, and political hurdles that define post-conviction practice. Kraut Law Group Criminal & DUI Lawyers stands out for several reasons:

• Former senior Los Angeles Deputy District Attorney leading your defense, giving insider insight into prosecutorial decision-making
• Proven record of securing post-conviction relief, ranging from sentence reductions to complete exonerations
• Relationships with nationally recognized DNA scientists, digital forensic analysts, and medical experts
• Aggressive litigation style balanced with a reputation for professional credibility that facilitates productive negotiations
• 24/7 availability to clients and loved ones navigating the anxiety of wrongful convictions

When lives, families, and futures hang in the balance, experience and reputation matter.

A guilty verdict is not the end of your story. The law recognizes that truth can take time to surface, and Los Angeles judges are empowered to correct wrongful convictions when the proper foundation is laid. Whether your case involves emerging DNA science, newly authenticated digital files, or a courageous eyewitness coming forward at last, Kraut Law Group Criminal & DUI Lawyers is prepared to move quickly, assemble a world-class team, and present your evidence with the clarity and force it deserves.

For a confidential review of your case and a clear plan forward, get in touch with Kraut Law Group Criminal & DUI Lawyers. We are ready to listen, investigate, and fight for justice. Call (323) 464-6453 or use our secure online contact form for a confidential consultation. Your defense begins the moment you choose experienced counsel committed to protecting your freedom and future.