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My husband was convicted for conspiracy to commit murder, no evidence to support, can we file MAR in NC? He had other charges to

Greenville, NC |

in the transcript, co-defendant statements and testimony there is no evidence to support this charge, he has served 17 years. He took a plea and that was not explained to him in detail either. We just want to file MAR for the conspiracy that never took place. We are trying to get an attorney to assist in this matter. Can we file a MAR, and do you know any true, reliable, affordable, honest attorneys that will fight for him.

Attorney Answers 2


  1. You can only file a MAR under specific reason under NCGS 15A-14-15. There are very specific reasons to allow you to change a judgment and if you do not fall within one of those you will not be eligible for a MAR. If you do, find a local criminal defense attorney who has argued these in the past and get started. Best of luck!

    Call Trial Attorney Dustin RT Sullivan at (910) 508-2200 or visit us at www.sullivansnowlaw.com to find out more.


  2. The transcript of plea would cover almost every single issue upon which you would file a motion for appropriate relief (the specific reasons sited in Mr. Sullivan's answer). The issue of an insufficient factual basis for a conviction is pretty much lost at this point (there is always a chance). Sounds like you will be forced to allege either there is new evidence or inefficient assistance of counsel leading to a violation of your 6th amendment rights. This sort of service is not going to be affordable. Try contacting the Indigent Defense Services to see if there is a legal aid department.

    The information provided by Attorney Matthew V. Silva is based upon the generic and ambiguous facts presented in short questions. Without a full consultation with an attorney, you should not rely upon any information presented in this forum. The intricate facts of every case are different. The information provided is not legal advice and should not be the basis of any decision without the actual guidance of an attorney. Further, any information provided by Attorney Matthew V. Silva should not be perceived as a willingness to represent you or actual representation. If you would like to speak with Attorney Matthew V. Silva, please call Silva and Sweet, PLLC at 910-333-9833 or visit www.silvaandsweet.com.

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