An Arizona Motion to Vacate/Set Aside Sentence (Motion Under 28 U.S.C. 2255) is a legal motion filed by a defendant in a criminal case to have their sentence set aside or vacated. This motion is usually filed with the court that issued the sentence, and can be used by a defendant who claims that their conviction was obtained in violation of their constitutional rights, or when the sentence imposed was in excess of the statutory maximum. There are two types of Arizona Motion to Vacate/Set Aside Sentence (Motion Under 28 U.S.C. 2255): a direct motion and a habeas corpus motion. A direct motion seeks to set aside or vacate a conviction or sentence on the grounds that the defendant’s constitutional rights were violated. A habeas corpus motion is generally used to challenge the legality of a sentence, such as if the sentence imposed was in excess of the statutory maximum or if the sentence was imposed in violation of the law. Both types of motions can be used to have a sentence set aside or vacated, and can be filed with the court that issued the sentence.
Arizona Motion to Vacate/Set Aside Sentence (Motion Under 28 U.S.C. 2255)
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