Motion for Appropriate Relief due to mental capacity and new evidence

Question

I am seeking to file a Motion for Appropriate Relief in North Carolina. I want to bring the judgment on my case to trial because at the time of the plea agreement, I was not on my mental health medication and did not understand the agreement. I have new evidence in the form of a letter stating limited immunity, which suggests a jury would find me not guilty. Additionally, my legal counsel did not appropriately perform their duties. I have ten calendar days to file this motion. I am seeking legal counsel to help with the process and a consultation. Even though the charges were felony and the plea was misdemeanors, would this affect my right to file the Motion?

James L. Arrasmith · Answer

To file a Motion for Appropriate Relief in North Carolina, you will need to show that your plea agreement was entered into under circumstances that violated your rights. Since you were not on your mental health medication at the time and did not fully understand the plea, you may have grounds to argue that your plea was not knowingly or voluntarily made. This could be a significant factor in your motion. 
 
The new evidence you have, such as the letter suggesting limited immunity, could also help strengthen your case. If the evidence could reasonably lead to a different outcome, you should include it in your motion, as it may support your claim that a jury would find you not guilty. It's important to clearly explain how this evidence impacts your case. 
 
The fact that your charges were felonies but the plea resulted in misdemeanors shouldn't necessarily affect your right to file the motion. The key focus will be whether there was an error or injustice in how the plea was handled. You should consult with legal counsel to ensure you meet the filing deadline and present your case effectively.

Q: Motion for Appropriate Relief due to mental capacity and new evidence