Delaware Motion For Postconviction Relief

State:
Delaware
Control #:
DE-SC-020
Format:
PDF
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Motion for Post Conviction Relief

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FAQ

POSTCONVICTION RELIEF: a remedy the defendant may seek after a criminal conviction, attempting to reduce a sentence or reverse a lower court's decision; includes postconviction motions filed in the circuit court or appeals filed in the Court of Appeals.

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.

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.

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.

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.

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.

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.

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Delaware Motion For Postconviction Relief