Post Conviction Criminal Proceedings

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What Are Post Conviction Criminal Proceedings?

Post conviction criminal proceedings allow a criminal defendant to challenge the outcome of a conviction or judgment that has otherwise become final. There are many different types of post conviction proceedings. Most of these require the defendant to prove that some sort of error was committed in the lower courts which affected the outcome of the ruling.

Many states have statutes governing post-convictions proceedings, or post conviction relief (PCR). However, some state statutes may limit the scope of the post conviction relief, as well as the timeliness for filing the claim. For example, many states do not allow post-conviction proceedings once five years have passed after the conviction.

What Are the Different types of Post Conviction Criminal Proceedings?

Post conviction proceedings come in many different forms.  Depending on the nature of the criminal charges, these may or may not be available to the defendant after a judgment has been reached. 

Some of the more common forms of post-conviction relief include:

Also, a person who has been convicted of a crime may also have several options if they have been granted parole or probation. Inmates can often be released from incarceration early, depending on the person’s compliance with probation requirements.

Do I need an Attorney for Post Conviction Criminal Proceedings?

Post conviction proceedings depend on a variety of factors that must be carefully weighed and analyzed. If you suspect that there are ongoing considerations that must be addressed in your criminal case, you may wish to speak with an experienced criminal lawyer. Your attorney will be able to assess the facts involved in your case to determine whether you are entitled to post conviction relief. 

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Last Modified: 01-28-2014 11:59 AM PST

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