Quick Discussion of Motion for Relief from Judgment in Michigan

A Motion for Relief from Judgment: What You Need to Know

If you have been convicted of a crime in Michigan and believe that you have grounds for relief from the judgment, you may file a motion for relief under MCR 6.500. This motion must be filed in the circuit court where the conviction occurred.

There are several grounds upon which you may seek relief from judgment, including:

• Ineffective assistance of counsel
• Newly discovered evidence
• A retroactive change in law
• A manifest injustice

In order to be successful, you must show that there is a reasonable probability that you would have been acquitted if the grounds for relief had been available at trial.

If your motion is granted, the court will order that your conviction be set aside and that you be released from custody.

How to File a Motion for Relief from Judgment

To file a motion for relief from judgment, you must first obtain a copy of the judgment from the circuit court. You will then need to file a motion with the court, along with a brief in support of your motion.

The motion must state the grounds upon which you are seeking relief and the specific facts and evidence that support your claims. The brief must provide a more detailed argument of your claims.

The circuit court will then schedule a hearing on your motion. At the hearing, you will have the opportunity to present evidence and argue your case. The court will then issue a decision on your motion.

What to Expect After Your Motion is Filed

After you file your motion, the circuit court will notify the prosecution of your motion. The prosecution will then have an opportunity to file a response to your motion.

The court will then schedule a hearing on your motion. At the hearing, you will have the opportunity to present evidence and argue your case. The court will then issue a decision on your motion.

If your motion is granted, the court will order that your conviction be set aside and that you be released from custody.

The Importance of an Attorney

If you are considering filing a motion for relief from judgment, it is important to consult with an attorney. An attorney can help you understand the legal process and can help you prepare your motion and brief.

An attorney can also help you present your case at the hearing. An attorney can help you argue your case and can help you answer any questions that the court may have.

Conclusion

A motion for relief from judgment is a complex legal process. If you have been convicted of a crime in Michigan and believe that you have grounds for relief from the judgment, it is important to consult with an attorney. An attorney can help you understand the legal process and can help you prepare your motion and brief.

This blog does not constitute legal advice. By reading this blog you are not creating an attorney/client relationship with North Coast Legal, PLC. An attorney/client relationship is established once you and North Coast Legal, PLC have entered into a retainer agreement for services to be rendered.