Motion For Post-Conviction Relief
What this document covers
The Motion for Post-Conviction Relief is a legal document used by defendants who have pleaded guilty to multiple charges but wish to contest one of those convictions. Specifically, this form allows a defendant to request that the court overturn a prior conviction based on a claim of misapplication of justice. This motion is significant because it provides a pathway to rectify potential due process violations linked to guilty pleas. Unlike similar forms, this motion focuses on the reversal of a conviction after sentencing.
Key parts of this document
- Details of the indictment for both counts of the charged crimes.
- Acknowledgment of the guilty plea and the associated sentencing terms.
- Statement indicating the termination of probation.
- Legal grounds for the motion based on state code provisions.
- Claim of actual guilt regarding one charge and innocence regarding the other.
- Request for court order to set aside the guilty plea and the sentence.
When to use this form
This form should be used if you were convicted of two separate charges, pleaded guilty to both, but now want to contest one of those charges. It is commonly applicable in situations where the defendant confesses to one crime but believes the guilty plea for the second crime was unjust. Utilizing this motion can help rectify a wrongfully assigned conviction and restore legal rights that may have been impacted.
Intended users of this form
- Individuals who have pleaded guilty to multiple charges.
- Defendants seeking to contest a specific conviction.
- Those who believe that their due process rights were violated during their plea.
Steps to complete this form
- Fill in your name and the court details where you were indicted.
- Attach copies of the indictment documents as listed in the motion.
- Provide the date when you entered your guilty plea and attach the plea agreement.
- Indicate the details of your sentencing, including any probation terms.
- Clearly state the grounds for your motion, citing your actual guilt or innocence regarding the charged crimes.
- Sign and date the form, ensuring all exhibits are correctly attached.
Does this form need to be notarized?
This form usually doesn’t need to be notarized. However, local laws or specific transactions may require it. Our online notarization service, powered by Notarize, lets you complete it remotely through a secure video session, available 24/7.
Typical mistakes to avoid
- Failing to attach required documents as exhibits.
- Not clearly stating the grounds for your motion.
- Missing signatures or dates on the form.
- Not adhering to specific state filing requirements.
Why complete this form online
- Convenient access to a professionally drafted legal form.
- Immediate download for personal use.
- Editable format to tailor the motion to your specific circumstances.
- Guidance on proper completion to ensure accuracy.
Summary of main points
- The Motion for Post-Conviction Relief allows defendants to contest erroneous convictions.
- It is vital to include all necessary documentation when filing the motion.
- Understanding your local laws can aid in utilizing this motion effectively.
Form popularity
FAQ
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. 2 PROCESS. The process for requesting post-conviction relief is contained in Rules 32 and 33 of the Arizona Rules of Criminal Procedure.
You must not be on probation at the time of application. You must not be charged in any current criminal cases. The crime that put you on the record must not have resulted in a state prison sentence.
The term post-conviction relief refers to legal channels by which defendants convicted of a crime can seek to get their convictions overturned, sentences modified, records expunged or civil rights reinstated.
Attorneys charge a sum between $400 to $1,400 per criminal charge. Attorney fees could rise to between $1000 to $4000 if the criminal case is complicated. If you can't afford the fee to file a petition for expungement, you or your attorney may request a fee waiver.
In law, post conviction refers to the legal process which takes place after a trial results in conviction of the defendant. After conviction, a court will proceed with sentencing the guilty party.The goal of these proceedings is exoneration, or proving a convicted person innocent.
The most common basis for relief in a petition for post-conviction relief is that a client did not receive effective assistance of counsel in connection with a guilty plea, at trial, at sentencing, or on appeal.
