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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.
Within 180 days after sentencing, a convicted defendant may file a motion for post-conviction relief with the trial judge, asking to change the sentence or overturn the conviction. The defendant may argue that the defense attorney was ineffective, discovery of new evidence, or the judge misunderstood the law.
Rule 35 - Reduction, Correction or Suspension of Sentence (a)Correction of Sentence. The court may correct an illegal sentence at any time. (b)Modification or Reduction of Sentence.
Examples of Post-Conviction Relief Motion to Vacate (Immigration) Certificate of Rehabilitation Pardon. Expungement Under PC 1203.4. Petition to Seal an Arrest. Motion to Vacate (Trafficking) Motion for Factual Innocence. Early Termination of Probation. 17(B) Sentencing Reduction.
Post-Conviction defined: In the United States legal system, the term post-conviction refers to the legal process which takes place after a criminal trial results in a conviction of the defendant, or where a defendant accepts a plea of guilty or no-contest.
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