What Is A Trial De Novo (And Do You Want One)?

What can you do if you had some problems with a court case and ended up with a verdict that you don't think was fair? An appeal is always an option, but you may want to consider asking for a trial de novo first -- depending on the circumstances of your case. This is what you should know:

What is a trial de novo?

The Latin term "de novo" means "from the beginning." In the legal world, it means starting a trial all over again, as if the first one never happened.

How does it differ from a standard appeal?

When you appeal a verdict, you are essentially asking the appeals court (which is higher in authority than the original or "lower" court) to review the original case and rule that there was an error in the way that the law was applied that might have affected the trial's outcome.

Common reasons for appealing a verdict include things like an insufficient amount of evidence to support the verdict, having evidence used that is of questionable value, an obvious or plainly evident error in the proceedings, or the abuse of a judge's power and discretion.

An appeal, however, is not the same as asking for a new trial. Trials are about establishing facts and they usually involve witnesses and evidence. Appeals don't offer the same opportunity. You can't offer new evidence or testimony because appeals are only about establishing whether or not the law was correctly applied.

In a trial de novo, you can offer new evidence, elicit new testimony, and present new witnesses. You can change your entire approach to the trial. If you're the defendant, you may even change your entire defense. The old trial and verdict are dismissed as if they never happened.

Why might you not want a trial de novo?

A trial de novo may not always be the best option for your case, depending on the circumstances. For example, if you were convicted in a criminal trial for fraud and sentenced to five years in prison, you have to consider the possibility that a de novo trial could actually go worse for you. If you received a five-year sentence, but the maximum possible sentence was fifteen years, you run the risk of ending up with a longer jail sentence if you are convicted all over again.

Normally, you can't be tried for the same crime twice once a verdict has been entered in your case. However, de novo trials wipe out the previous verdict, which can set the stage for the possibility of your reconviction just as much as it opens the door to the possibility of your acquittal.

If your attorney thinks that you may have a better chance of getting your case overturned based on an appeal, rather than a request for a new trial, you need to carefully think through your options. For more information about your appeal or retrial options, contact a firm such as Vandeventer Black LLP.

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