Post-Conviction Relief Process

Post- Conviction Relief in Rhode Island

Post-conviction relief is a process by which an individual that has been convicted of a crime may request that their conviction or sentence be modified or removed. It may include a new trial, a decrease in sentence or prison term, and even release from prison.

Post-conviction relief proceedings were intended to act as a partial replacement for habeas corpus, in which a court of law reviews a convict's claims that his/her constitutional rights were violated. Often the convicted may refer to a law or court ruling which enables an appeal to a previous conviction which would normally be finalized in the appellate review process. The post-conviction relief process is governed by varying state and federal laws.

Occasionally, severe collateral consequences can occur from a conviction, or to being entered into a guilty or nolo plea, such as being deported or even classified as a sex offender. These kinds of consequences can be devastating for anyone, especially for those in the teaching, medical, and even legal professions.

The process of entering into post-conviction relief entails submitting an application to the Superior Court. It will also involve a hearing where the defendant may call witnesses to testify, and attempt to present any legal arguments made to the Court.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.