1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Motion for Appropriate Relief Juvenile Crime

Discussion in 'Criminal Charges' started by Kingvon, Apr 7, 2019.

  1. Kingvon

    Kingvon Law Topic Starter New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    North Carolina
    My cousin was arrested as a minor over four years ago and has been sentenced to 22 to 26 years in prison of which he has already served four. I would like to know what is the process for starting a "Motion for Appropriate Relief" in the state of North Carolina and is a lawyer required for this process?
     
  2. cbg

    cbg Super Moderator

    Messages:
    7,960
    Likes Received:
    1,176
    Trophy Points:
    113

    You would be out of your mind to attempt this without a lawyer. The lawyer will know what the process is.
     
  3. Tax Counsel

    Tax Counsel Active Member

    Messages:
    465
    Likes Received:
    227
    Trophy Points:
    43

    The title "Motion for Appropriate Relief" is a very general one and can apply to any number of motions. The details of his situation matter in determining what, if anything, he can pursue at this point. What is the relief he is seeking and what reasons does he have for asking the court to grant that relief? For example, does he contend that the court made an error in sentencing? Does he believe that something in the prosecution process violated his constitutional rights? Or is it something else?

    He was arrested while a minor, but exactly how old was he, was he charged as an adult, what was the crime he was convicted of committing, and did he accept a plea deal or was he convicted after a trial?

    What I'm getting at here is that there are a lot that factors that go into whether he might have a good claim to seek some kind of relief and what that relief would be. Because of that, while a lawyer is not required to pursue it, having a lawyer experienced in post conviction relief advise your cousin and represent him in pursuing the relief is highly recommended. He wants to get the best shot at it that he can.
     
  4. army judge

    army judge Super Moderator

    Messages:
    30,855
    Likes Received:
    4,378
    Trophy Points:
    113


    Suggest to your cousin that a conversation with any of the jailhouse lawyers about "relief" and how he could seek same might be eye opening.

    Unless you're a lawyer, there is nothing you can do to affect his "relief" but raise public awareness about his plight, raise funds to help with his legal expenses, and contact your local and federal elected officials.
     

Share This Page