Post conviction

In law, post conviction refers to the legal process available to defendants to challenge a conviction after direct appeals, including collateral appeals. Any process which takes place after a trial and conviction of a defendant may broadly be considered post conviction.

After conviction, a court will proceed with sentencing the guilty party. In the American criminal justice system, once a defendant has received a guilty verdict, they can then challenge a conviction or sentence. In the United States the term post conviction is often used for collateral process, usually a habeas corpus proceeding, while appeal most commonly is a direct review. Some US states also have a collateral appeal process independent of habeas corpus. The goal of these proceedings is exoneration, or proving a convicted person innocent, by obtaining a new trial. If lacking representation, the defendant may consult or hire an attorney to exercise his or her legal rights.

The post-conviction process is in place to protect innocent individuals from inherent human error in the criminal justice system. One study cites 10,000 innocent people are convicted each year in the United States.

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