Even after a DUI conviction, there may still be an opportunity to improve the legal consequences you face. One of the options you may have in overturning your past DUI conviction or lessening the domino effect it may have on a current matter is to file a Post Conviction Relief Motion. However, because this is not an easy motion to file, it is highly advised that you hire a New Jersey DWI lawyer experienced in filing Post Conviction Relief motions to help you.
How Do I File a Post Conviction Relief Motion?
A Post Conviction Relief is a petition that normally takes place following an unsuccessful appeal or if no appeal was filed. This motion must generally be filed within 5 years of your DUI conviction or sentence. However, certain exceptions do apply.A Post-Conviction Relief is not only limited to fighting DUI convictions, our New Jersey DWI lawyers can also help you file a Post-Conviction Relief for other municipal court matters.
Are There Any Conditions for Filing a Post Conviction Relief?
In order to successfully file a Post Conviction Relief, you must allege any of the following:
- You were denied a major constitutional right either under the U.S. Constitution or the constitution or statutes of the State of New Jersey;
- The original court, in which you were convicted, did not have proper jurisdiction to sentence you;
- Your sentence was excessive and was not in accordance to the law under which you were sentenced;
- Any other grounds for a collateral attack
We will look at the specific facts of your case to determine what grounds are available in order to successfully file a Post Conviction Relief.
Call Us Today!
If you or a loved one was arrested for a DUI, you need to immediately call New Jersey DWI lawyer Dan Matrafajlo at 908-248-4404 for a free consultation. We have offices in Elizabeth, North Brunswick and Newark, New Jersey to serve you. Mr. Matrafajlo has the experience in New Jersey municipal courts that you need. He has been recognized locally for his legal ability and named a SuperLawyers Rising Star by his peers. Dan has the knowledge and skills needed to successfully handle your DUI case and get you the results that you deserve.
