Maine Motion For Post-Conviction Relief

Category:

Criminal - Post Conviction Relief

State:

Multi-State

Control #:

US-00841

Format:

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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How to fill out Motion For Post-Conviction Relief?

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FAQ

Typically, post-conviction relief refers to the process of filing petitions for ?habeas corpus? either in state court or in federal court. This process is generally after the trial and sentence are finalized, and after any direct appeals have been decided (including any rulings by the U.S. Supreme Court).

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.

The Post Conviction Relief Act1 (?PCRA? or ?the Act?) establishes a procedure. for defendants to collaterally challenge their conviction or sentence. It is the sole. means2 of obtaining state relief following conviction and sentencing.

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

Maine Post-conviction Review Act remedy. This remedy is applied for in the superior court of the county in which the criminal judgement was entered. The remedy is a post-sentencing phase of the original criminal case, not an independent civil action. The remedy is authorized by statute.