Post conviction

Legal process after a trial results in conviction of the defendant 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 convi