Massachusetts Motion For Post-Conviction Relief
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FAQ
The most common types of post-conviction relief motions are: Motion for New Trial. Motion to Vacate Judgment. Motion to Set Aside Judgment.
?Post-Conviction? defined: In the United States legal system, the term ?post-conviction? refers to the legal process which takes place after a criminal trial results in a conviction of the defendant, or where a defendant accepts a plea of guilty or no-contest.
THE TERM POSTCONVICTION REMEDIES DENOTES THOSE PROCEDURAL DEVICES AVAILABLE TO A PERSON, WHO, AFTER CONVICTION AND SENTENCE, WANTS TO VACATE OR REDUCE THE SENTENCE IMPOSED, INVALIDATE HIS GUILTY PLEAS, OR SET ASIDE HIS CONVICTION.
Rule 30 of the Massachusetts Rules of Criminal Procedure, provides for Postconviction Relief, as it allows a defendant who has made an admission to sufficient facts, pleaded guilty, or been found guilty to file a motion for a new trial, vacating the conviction.
Post-conviction relief is a procedure that allows the defendant in a criminal case to bring more evidence or raise additional issues in a case after a judgment has been made (post-trial). With valid grounds, post-conviction relief can help you obtain a fair resolution in your case.
Under Massachusetts Criminal Procedure Rule 30, Postconviction Relief, a person who has been convicted and imprisoned or who has had their liberty restrained due to a criminal conviction is allowed to file a written motion for relief.
Postconviction remedies differ from appeals because they may be filed only by those actually in custody and may bring up issues not raised during trial.