|What is a Motion for Appropriate Relief "MAR"?
It is a motion that can be filed on behalf of the defendant after the Judge or Jury's Verdict. The motion re-opens the case similar to an appeal, but the case stays at the trial level. The basis for the motion depends on when it is filed. MAR's filed within 10 days of the verdict can assert more errors than MAR's made at a later time. An MAR is often a better idea than an appeal and in some cases can be filed even if the Defendant has appealed his or her verdict
Errors that can be asserted within the 10 day window include:
- Any error of law
- Verdict is contrary to the weight of the evidence
- Defendant did not receive a fair or impartial trial
- The Sentence is not supported by the evidence
Outside the 10 day window there are 8 errors that can be the basis for an MAR
- Acts do not constitute a Violation of Law
- Trial Court Lacked Jurisdiction
- Unconstitutional Conviction
- Unconstitutional Statute
- Constitutionally Protected Conduct
- Retroactive Change in Law
- Sentence was Unauthorized, Illegal or Invalid
- Sentence Fully Served
- Claim of Newly Discovered Evidence
If you think that you have been unfairly convicted, and would like to see if its possible to reopen your case Wake County District or Superior Court case by means of a Motion for Appropriate Relief, you should call Attorney Adam Soltys today.
MARs can also be used in traffic cases. This is often done in situations where a driver has represented himself without correct knowledge the law and ends up with an insurance increase or suspension of license.