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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”).

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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.

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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.

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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.)

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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.” …

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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…

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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.

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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

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Client Reviews

Scott Grabel was kind enough to look into my situation and take his time to speak with me free of charge. Most attorneys will not do that. He gave me reassurance that I had nothing to worry about. If I am ever in need of an attorney in the future I will be calling Scott Grabel and will highly recommend him to anyone with a legal issue. G. K.
Great job Tim, Scott, Daniel very aggressive and knowledgeable They always call you back if you have questions even after hours the best outcome I could've hoped for thanks again R. E.
Great lawyer he went into court and ripped the girl trying to lie on me a new one. He fot me off on all charges and with out him i would be in prision. Thank you so much i will definitely keep your number and pass it on to any one in trouble and keep it for future incase i ever have to go back to court K. J.