Motion for Relief From Judgment

If you have been charged and convicted of a crime such as retail fraud or another offense, there are times when you can file a Motion for Relief From Judgment. If you are successful with your case, it could result in the conviction being overturned and removed from your record. Essentially, it will be as though the conviction never occurred. While a Motion for Relief from Judgment can mean great things for your future, there are only certain times you can file one. A Grand Rapids criminal defense lawyer can help you through the process and give you the best chance of success.

What is a Motion for Relief From Judgment?

A Motion for Relief From Judgment is sometimes also called a “6500 Motion” because it stems from Subchapter 6.500 in the Michigan Court Rules. Before you can file a Motion for Relief From Judgment, you must have exhausted all other options in the appeals process. When this is the case, you were likely unsuccessful with your case, which can be extremely discouraging. Fortunately, a Motion for Relief From Judgment can still help you clear your record, if you are arguing on certain grounds.

When is a Motion for Relief From Judgment Appropriate?

Motions for Relief From Judgment are not applicable in every criminal defense case. To file one, your case must meet one of two requirements:

• There is new evidence in the case: Sometimes, a case proceeds through trial and even the appeals process without all evidence being presented. If new evidence is found in your case, and that evidence would more than likely prove your innocence, you can file a Motion for Relief From Judgment.
• There are retroactive changes in the law: If the law has changed and different rules apply to your case now than when you were convicted, you can file a Motion for Relief From Judgment. For example, with recreational marijuana now being legal in Michigan, legislators may decide at some point to overturn the convictions of those currently imprisoned on a simple possession charge. In that case, you could file a Motion for Relief From Judgment and have your conviction overturned.

How to File a Motion for Relief From Judgment

The process of filing a Motion for Relief From judgment is fairly straightforward, but you should still always work with a criminal defense lawyer. The simple steps your lawyer will take include:

• Collect witness statements, information for potential witnesses, and all court documents.
• Conduct an investigation.
• Draft and file the motion if the investigation uncovers new evidence that would change the outcome of your case.
• Represent you during the Motion Hearing.

Our Criminal Defense Lawyer in Grand Rapids Can Help

If you have been convicted of a crime and believe your conviction should be overturned, our Grand Rapids criminal defense lawyer at Van Den Heuvel Law Office can help. Our skilled attorneys have the necessary experience with these motions to help you file and give you the best chance of success. Call us today or contact us online to schedule a consultation so we can advise you of your legal options.