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5 Oct 2016
Whenever someone goes thru a court trial which is charged with a criminal offense, he / she may have several options available to challenge the conviction. The types of solutions typically vary from region to region each and every state setting its own laws with the exception of installments of federal convictions which have a single pair of laws. Post conviction proceedings involve various steps a dui lawyer usually takes to counter or overturn a conviction.

Criminal Conviction Proceedings

Once a jury finds an offender guilty and charges are filed, a person has been officially convicted of a cost or crime. Convictions may seem final once they're given, but other options may be warranted with regards to the circumstances of the trial. Post conviction -also known as post conviction relief- applies in situations where errors have occurred inside span of the trial.

The kinds of errors involved can sometimes include discrepancies regarding evidence submitted or faulty instructions provided to the jury or numerous circumstances. Instances when errors are produced can ultimately affect the upshot of the trial. Essentially, the judge must reconsider the justification for a conviction once it's proven that errors were within the initial trial.

As each state sets its own laws regarding these proceedings certain time deadlines to submit a request may apply. A defense lawyer may also be in a position to access these proceedings where the defendant had been incarcerated if state regulations allows.


Many individuals commonly associate post conviction proceedings using the appeal process; however appeals are merely one kind of post-trial proceeding. As with any other form of post-trial proceeding, an appeal have to be according to a legal or procedural error that took place during the trial. An appeal request or petition is reviewed by an appellate court inside same jurisdiction in which the trial was held.

In many instances, anyone convicted of a crime contains the to certainly at least one appeal request. This provision also applies for folks unable to purchase a lawyer in which particular case an open defender can be assigned. However, somebody who enters a guilty plea within a trial loses his (or her) right to appeal.

Once an appeal reaches the appellate court level, legal court can only review the records and evidence used through the initial trial hearing. This implies no new evidence may be submitted during the appeal review process.

Other Types of Criminal Proceedings

Each conviction is made, the sorts of post-trial possibilities depend on instances with the case so not all options apply for every case. A few of these options could possibly be requested at the end of a court trial and some require further review by the committee or maybe more court. The kinds of post-trial possibilities open include:

- Habeas Corpus

- Reconsideration

- Motion for new trial

- Expungement

For somebody who's already been incarcerated, a Habeas Corpus request could be filed on the grounds that holding the person in prison violates a law or Constitutional provision. For reconsideration's and motions to get a new trial, lawyers can submit a request for the trial court soon after a conviction is created. Generally, reconsideration involves asking a legal court setting aside the jury's verdict and reconsider its decision to convict. A motion for new trial essentially asks the judge to vacate the conviction and grant a new trial altogether. Ultimately, the percentages of the court granting either of those options are slim.

Within the involving a or perhaps in instances when no prison time is granted, a defense lawyer can request the defendant's conviction record be expunged or sealed. As those with criminal convictions usually have difficulty obtaining a job, expunging a conviction prevents potential employers from seeing this data. The kind of crime involved determines whether expungement is surely an option. Most states only allow expungement regarding misdemeanor convictions. What this means is someone found guilty of a felony must first acquire case reduced with a misdemeanor before expungement gets to be a viable option.


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