Maryland Motion For Post-Conviction Relief

State:
Multi-State
Control #:
US-00841
Format:
Word; 
Rich Text
Instant download

Description

This is a Motion for Post-Conviction Relief. This is used when the Defendant was charged and pled guilty to two different crimes, but admits to only one of the listed crimes; however, in confessing to one, he was sentenced for the other as well. He/ She now wants to overturn the prior conviction. This form may be tailored to your specific needs and is applicable in all states.
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FAQ

(Uniform Post Conviction Procedure Act, Maryland Code, Criminal Procedure, §7-101). Post conviction relief is available to persons who pled guilty or were convicted by a jury or a judge. Each qualifying person is entitled to counsel and one hearing in the circuit court where the client was convicted.

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.

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.

The most common types of post-conviction relief motions are: Motion for New Trial. Motion to Vacate Judgment. Motion to Set Aside Judgment.

The Post Conviction Relief Act1 (?PCRA? or ?the Act?) establishes a procedure. for defendants to collaterally challenge their conviction or sentence. It is the sole. means2 of obtaining state relief following conviction and sentencing.

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.

?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.

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Maryland Motion For Post-Conviction Relief