Postconviction or 6.500 Motions

 

What if you never appealed your case? Or what if you did appeal but lost? Is that the end of the road?

Not necessarily. In Michigan, you have one more chance to challenge your conviction and sentence in what’s called a “motion for postconviction relief,” “motion for relief from judgment,” or—perhaps most commonly—“6.500 motion” (named after Subchapter 6.500 of the Michigan Court Rules, which governs these kinds of motions). You only ever get to file one 6.500 motion (with some exceptions), but there’s no deadline for when you have to file it by. Even if your case is decades old, you may still be eligible to file a 6.500 motion.

That said, the courts don’t make winning easy. You need to show “good cause” for why you waited to bring the alleged errors in your case to the court’s attention, and you also need to show “actual prejudice,” meaning that the error had a significant effect on your case. In practice, 6.500 motions are very difficult to win. To succeed, you’ll need a knowledgeable and experienced criminal defense attorney.

Click here to learn more about 6.500 motions.

Don’t trust your 6.500 motion to just any attorney. You need to consult an attorney who specializes in criminal appeals and postconviction matters. Contact me today to see if you are eligible to file a 6.500 motion in your case.