Oklahoma 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

A person who has been granted conviction relief ?is released from any penalties and disabilities resulting from the arrest, and may answer any question relating to the arrest ingly,? with exceptions relating to peace officer applications, public office, firearms, Vehicle Code section 13555(d), the Lottery ...

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 relief gives immigrants the chance to challenge unlawful criminal convictions that are the basis of their removal proceedings in immigration court or otherwise impacting their ability to obtain or maintain lawful immigration status.

Excluding a timely appeal, the Post-Conviction Procedure Act encompasses and replaces all common law and statutory methods of challenging a conviction or sentence including, but not limited to, writs of habeas corpus.

Post-Conviction Relief. Process. A defendant who requests post-conviction relief asks the court to vacate or modify a judgment of conviction, or to reduce or modify a sentence.

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

(C) Except as otherwise provided in paragraph (4) and in Section 13555 of the Vehicle Code, a person granted conviction relief pursuant to this section shall be released from all penalties and disabilities resulting from the offense of which the person has been convicted.

In Oklahoma, certain convictions may be eligible for appeal under the Uniform Post-Conviction Procedure Act. This appeal process applies to a defendant who was convicted of a crime and who believes that a situation exists that would negate the conviction or change the outcome.

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Oklahoma Motion For Post-Conviction Relief