{"id":352370,"date":"2023-11-08T18:54:37","date_gmt":"2023-11-08T23:54:37","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-rights\/post-conviction-proceedings.html"},"modified":"2023-11-08T18:54:37","modified_gmt":"2023-11-08T23:54:37","slug":"post-conviction-proceedings","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-rights\/post-conviction-proceedings.html","title":{"rendered":"Post-Conviction Proceedings"},"content":{"rendered":"\n
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Post-Conviction Proceedings<\/h1>\n
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\n By Samuel Strom, J.D.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

A judgment of conviction may seem like the end of a criminal case, but several post-conviction proceedings could shorten or even eliminate a sentence. Sometimes, defendants must navigate these proceedings independently or hire a private attorney. The constitutional right to counsel only applies to certain proceedings after a conviction.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

The post-conviction process allows a defendant to ask the court to modify or vacate a conviction or sentence. But this process is complex and challenging without legal assistance, and defendants are only entitled to a court-appointed attorney under certain circumstances. Understanding the scope of the right to counsel is crucial for navigating these proceedings effectively.<\/p>\r\n

You may not be eligible for a court-appointed attorney for a post-conviction proceeding. But you can still pursue independent legal counsel. A local criminal defense attorney<\/a> can review your conviction and your options for post-conviction relief.<\/p>\r\n

This article describes the post-conviction relief process. Then, it describes various post-conviction proceedings and when a defendant is entitled to an attorney<\/a>.<\/p>\r\n

Post-Conviction Relief<\/h2>\r\n

The criminal justice system provides for various methods of post-conviction relief. These methods allow those convicted of a criminal charge<\/a> to challenge their criminal conviction or sentence. The methods available depend on the state in which you live. Post-conviction relief is available in both federal and state courts.<\/p>\r\n

Defendants often challenge their criminal conviction or sentence due to a trial court’s error. Or, they may argue that the government violated one of their constitutional rights. For example, they might argue the government failed to provide them with a speedy trial<\/a>.<\/p>\r\n

A defendant must file a petition for post-conviction relief<\/a>. These might include a motion for a new trial or a motion to vacate a judgment.<\/p>\r\n

The government may appoint an attorney<\/a> to represent the defendant. The court will review the petition and decide whether to conduct an evidentiary hearing. The court will also determine whether the defendant can present new evidence at the hearing.<\/p>\r\n

If the court rules in favor of the defendant, they will look to the petition and grant some or all of it, as appropriate. For example, they may shorten the defendant’s sentence or release them entirely. The court may also determine whether a new trial is the most appropriate relief.<\/p>\r\n

Post-Conviction Proceedings: When a Defendant Is Entitled to an Attorney<\/h2>\r\n

A defendant is entitled to court-appointed counsel for proceedings that affect their fundamental rights. This right comes from the Sixth Amendment<\/a> to the U.S. Constitution. Post-conviction proceedings that affect a defendant’s constitutional rights include the following:<\/p>\r\n