Mississippi Motion For Post-Conviction Relief
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How to fill out Motion For Post-Conviction Relief?
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FAQ
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.
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.
Defendants in cases which were handled in municipal or justice court must file an appeal with the county court. If the county does not have a county court, the appeal must be filed in circuit court. Appeals from municipal and justice courts are to start at the beginning, as if no proceedings were held in lower court.
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.
If you were convicted of a crime and are already confined, you still may have a right to appeal your conviction or sentence. Mississippi's Post-conviction Relief Act allows you to challenge your conviction or sentence for up to 3 years, and sometimes longer if your fundamental constitutional rights were violated.
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.