Motion for Appropriate Relief Did you get some bad advice? Did you pay your ticket online without consulting an attorney? Or you may have pled guilty due to coaxing by an officer or other unqualified party, and now your insurance has increased or you found out your license is suspended. If you believe your conviction was defective, there is a second chance available by a "Motion for Appropriate Relief" (MARs). MARs can be filed for most criminal matters, including traffic violations, misdemeanors and felonies. For example, if you were convicted of a criminal offense and someone other than your attorney told you to plead guilty, that may be a defect that warrants an MAR. A MAR is a motion made after judgment to correct any errors that occurred before, during, or after a criminal trial or proceeding, including errors related to the entry of a guilty plea. It is a legal mechanism that allows people who have been convicted of a crime to challenge their conviction because the conviction was obtained in violation of their Constitutional rights. The most common grounds raised in a MAR are:
- violation of the right to effective assistance of counsel
- Pleading guilty without advice of an attorney
- Improper advice by unqualified parties such as police officers, DMV or Court personnel
- newly discovered evidence
- prosecutorial misconduct
- actual innocence or
- Illegality of sentence.