Post-Trial Motions and 35(c)

There are various ways to try to get a decision overturned. These include motions to withdraw a plea, motions for new trial, motions for judgment of acquittal not withstanding the verdict, petitions for post-conviction relief {often called 35(c) due to the rule of procedure where it comes from}, and motions to reduce your sentence {often called 35(b) motions}.  They are all difficult, but you may have the case where the decision should be challenged or the judge will reduce your sentence. Motions to withdraw pleas, for new trial, or judgment of acquittal notwithstanding a verdict must be done extremely soon or are waived forever.  The 35(c) petition is usually based on a trial-attorney providing ineffective assistance or on discovering new evidence after the trial or plea.  Time limits vary depending on the type of conviction and circumstances.  The 35(b) motion to reduce sentence is normally based on having something new in mitigation that the judge did not consider at the time of the sentence or good behavior at the start of a prison sentence.  This must be filed within 18 weeks (or 126 days) to be considered. Call if you would like to pursue these options.