What is Post-Conviction Relief?

Post-Conviction Relief

The Post-conviction relief process is governed by various state and federal laws which essentially allow an eligible individual that has been convicted of a crime to have his or her sentence modified or even removed. This may include a new trial, or a change to the duration of a prison sentence, including elimination of sentence completely. Originally, the post-conviction relief process was intended as a partial replacement for habeas corpus, where a convicted individual's claims that his/her constitutional rights were violated are heard and answered.

Why it is important

One of many consequences that result from a criminal conviction is that of severe collateral damage to reputation, occupation, and damage to personal and social relationships. There is also a risk of being deported or even classified as a sex offender depending on the nature of the crime, and the residency status of the convict. In those times that an individual is found innocent of a crime after being convicted, he or she is eligible for Post-Conviction Relief.

Applying for Post-Conviction Relief

Entering into post-conviction relief involves submitting an application to the Superior Court where you will be able to present any legal arguments pertaining to your request. You will be solely responsible for bearing the burden of proving, by a preponderance of the evidence, that you are entitled to post conviction relief.The court will hear the testimony of any witnesses acting for or against you while also observing any documented evidence you submit.

The process of applying for Post-Conviction Relief is not by any means a simple one and requires the professional assistance of a qualified attorney. If you're applying for Post-Conviction Relief in the state of Rhode Island, please contact RI Criminal Defense Attorney John E. MacDonald now at (401) 421-1440 for a free consultation and more information.

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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.