Legal Question in Criminal Law in North Carolina

motions for apprioiate releif

my husband was convicted of awdwisi for a car accident. we have been told that our only releif is a MAR. how do we go about filing for one? the awdwisi stemed from a car accident in which someone was hurt. the person hurt was polictically connected and the DA made an example out of him. the plea arrangement he had really no choice but to take was changed in the middle of the proceedings by telling him that it would be pulled if he not answer the question ''are you in fact guilty of the charge?'' yes. so in the middle of everthing he was made to change his answer. He was also ordered to pay over 30,000 dollars worth of restitution for hospital bills and for damage to the other vechile, this money had already been payed out by his insurance company,therefore making it where the victims would be getting payed twice for thier damages. my husband is now serving 32 to 60 months for this charge. compared to the people that are ther for similar charges this is extensive amount of time. these charges also had DWI involved with them, so the car was the deadly weapon. please tell us how to file a MAR and what relief it may ormay not bring. thank you.


Asked on 6/17/04, 11:59 am

1 Answer from Attorneys
Jim Griffin The Law Office of James L. Griffin

Re: motions for apprioiate releif

You are entering the post conviction area and it can be a tricky area to navigate. Your husband has pleaded guilty-now you must show why that plea should not stand. Ineffective assistance of counsel ( a tough standard to meet) or some unconstitutional grounds. I would advise you to retain an attorney if you want to file a MAR.

If you want to discss this further let me know. When you say a DWI was involved how much of a DWI was involved? Did he blow a .10 or a .20?

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Answered on 6/17/04, 12:36 pm


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