(a)(1) If it plainly appears from the face of the motion, any accompanying exhibits, affidavits, and documents, and the record of any prior proceedings, that the movant is not eligible for relief or is not entitled to relief, the Court may dismiss or deny the motion.
(2) If the motion contains a curable deficiency, the Court shall provide the movant with reasonable time to cure the deficiency and refile the motion.
(b) If the motion is not dismissed or denied after initial review, the Court shall order the prosecutor to file a response to the motion. Within 90 days after the Court's order for a response, the prosecutor shall file a response indicating whether the prosecutor supports or opposes the motion.
(c) The Court may hold a hearing on any motion filed under § 22-1844; provided, that if the prosecutor opposes a motion filed under § 22-1844, the Court shall hold a hearing on the motion within 90 days after the filing of the opposition.
(d) The Court shall grant a motion filed under § 22-1844(a), if the movant establishes, by clear and convincing evidence that:
(1) The movant was convicted of an eligible offense;
(2) The movant is a victim of trafficking; and
(3) The conduct by the movant resulting in the conviction was a direct result of the movant having been a victim of trafficking.
(e) The Court shall grant a motion filed under § 22-1844(b), if the movant establishes, by clear and convincing evidence that:
(1) The movant was arrested but not prosecuted, or the prosecution was terminated without conviction, for an eligible offense or an ineligible offense;
(2) The movant is a victim of trafficking; and
(3) The conduct by the movant resulting in the arrest or prosecution was a direct result of the movant having been a victim of trafficking.
(f) There shall be a rebuttable presumption that a movant is a victim of trafficking if the movant includes in the motion a copy of an official record from a federal, state, tribal, or local proceeding finding that the movant was a victim of trafficking, including a Certification Letter or Eligibility Letter from the U.S. Department of Health and Human Services.
(g) The Court may grant a motion under this section based solely on an affidavit or sworn testimony of the movant.
(Oct. 23, 2010, D.C. Law 18-239, § 115; as added Apr. 5, 2019, D.C. Law 22-279, § 2(b), 65 DCR 12951.)
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