Allen N. Cowling

Post conviction simply means whatever is done in an effort to reverse a conviction after it has happened. A plea is not a conviction. Accept a plea and you void post conviction relief, something most people are never told.

In dealing with post conviction relief, it is critical that you follow certain steps. For example, following a trial where the accused was convicted, there will be a sentencing date scheduled. After that sentencing date, you normally have about 20 days to file a “Notice of Appeal.” That is not the appeal itself, but simply a notice that you will be filing an appeal. Once the notice is filed, post conviction begins.

The appeal attorney will wait for the trial transcripts, then once they have them, they will prepare and file an appeal brief. The State had the opportunity to respond. That process can easily take up to a year. Once all briefs are completed, the Court of Appeals or the Supreme Court will rule and either affirm the conviction or reverse it. If reversed, then usually the matter is sent back for trial and the accused will have to begin all over again.

If the Appeal’s Court or Surpreme Court affirms the conviction, there are several ways you could appeal that, or there are other petitions you could consider. The links on the left go into far more detail about post conviction than I can here, but one piece of advice. If you are working for a relative or a loved one who has been convicted, to them you represent their only real hope. Take positive steps and not just actions so that you feel you are doing something. Above all, educate yourself so you will have some knowledge of the process as you go through it.