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Post-Conviction Motions & Writs
Writ of Habeas Corpus
The attorneys at Grabel & Associates are premier trial and appellate lawyers. We are experienced in all aspects of post-conviction claims including federal habeas corpus cases and motions for relief from judgment (also known as “6500 Motions”).
Legal Rights Waived in Plea Bargains
Information about types of pleas, why plea bargains are made, the rights you forfeit when you entering in a plea bargain, and legal options you may have to change or withdraw a guilty plea. If you plead not guilty or “no contest” to a charge, you give up the right to:
- An attorney appointed at public expense if you are indigent (without money to hire an attorney);
- The right to a trial; and
- The right to appeal.
Types of Post-Conviction and Pre-Sentencing Motions
The jury has reached a verdict, or a judge has made a ruling. You may think all you have left to do now is await sentencing, and, while some cases may seem cut-and-dry, not all are and there are many situations that warrant post-conviction legal services to help a defendant get the best possible outcome.
Post-conviction motions are different from a direct appeal, and both can be advantageous for defendants to consider. Appeals are filed with the appellate court and post-convictions motions are filed with the trial court. Post-conviction motions are sometimes filed after a direct appeal has been lost, but many are also filed after a conviction either before or after sentencing.
Motion to Change or Withdraw a Plea
There are many legal tools available to a defendant before, during and after trial that may be help the defendant obtain a better outcome. However, when a defendant’s guilty plea is accepted, the defendant may forfeit certain rights, including the right to appeal.
It is always easier when a defendant motions to change a plea after a conviction but before sentencing, but there are also legal remedies to withdraw or change a plea after sentencing. And, if you are withdrawing a guilty plea in a federal court, especially after sentencing, the procedures are far more complex and must be done by filing a petition for federal writ of habeas corpus (also called a 2255 petition.)
Motion for Directed Verdict
In some criminal cases making a Motion for Directed Verdict may be legally advantageous for the defendant.
A Motion for Directed Verdict is a procedural device whereby the decision in a case is taken out of the hands of the jury by the judge. A verdict is generally directed in a jury trial only where there is no other possible conclusion because the prosecutor has not offered sufficient evidence to establish a Prima Facie (presumed to be true, unless proven otherwise) case. In other words, the prosecution has not met the criteria of showing a defendant’s guilt “beyond a reasonable doubt.” …
Motions and Appeals
Criminal defense attorney Scott Grabel is a seasoned trial lawyer and appellate law attorney. Heading a legal team with more than 100 years of legal experience in criminal trial law and appellate law, you can rest assured you will be getting the best possible representation when you hire Grabel & Associates for your defense appeal. We handle all types of appeals including…
Motion for Ginther Hearing – Ineffective Counsel
If you have been convicted of a crime because of ineffective assistance of counsel, one legal option is to file a Motion for Ginther Hearing. The term for this motion is derived from the decision People v Ginther, 390 Mich 436 (1973). A Ginther Hearing is an evidentiary hearing on a defendant’s motion for new trial claiming they received ineffective assistance of counsel.
Grounds for a Motion for a New Trial
Motions for a new trial are fairly common, but rarely granted. Because a motion for a new trial is a request for a court to overturn a jury verdict or judge’s decision and order a new trial, there must be grounds for the request.
Grounds for motions for a new trial generally fall into two categories:
- Discovery of New Evidence
- In the Interest of Justice
