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Rhode Island

State Resource Guide

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The Post-Conviction Process

Click on the underlined links to view more information. 

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Clemency

Victims have rights throughout this whole process. Click here to learn more.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.
  • These can include motions to arrest the judgment, to be resentenced, or for a new trial based on new evidence or legal errors in the proceedings.
  • Victims can receive information about post-trial motions from the Criminal Division of the Rhode Island Attorney General’s Office.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-sentencing motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”
  • On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
  • The Appellate Unit of the Rhode Island Attorney General’s Office (RIAG) represents the state on direct appeal. To receive direct appeal updates, victims can register for the VOICE notification system. For assistance with VOICE registration, victims should contact RIAG Victim Services at 401-274-4400, prompt 7.

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed that are filed after the direct appeal process has ended.
  • These motions can seek many outcomes, including invalidation of the conviction, a reduced sentence, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
  • The Appellate Unit of the Rhode Island Attorney General’s Office (RIAG) represents the State in state post-conviction proceedings. To receive updates on the state’s post-conviction process, victims can register for the VOICE notification system. For assistance with VOICE registration, victims should contact RIAG Victim Services at 401-274-4400, prompt 7.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under Rhode Island law may go to federal court in a process called “habeas corpus.”
  • Relief in federal habeas corpus is available only in specific and rare circumstances. Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.
  • The Appellate Unit of the Rhode Island Attorney General’s Office (RIAG) represents the State in federal habeas corpus proceedings. To receive updates, victims can register for the VOICE notification system. For assistance with VOICE registration, victims should contact RIAG Victim Services at 401-274-4400, prompt 7.

Early Release Programs

These programs can include parole or earning “credits” in prison.
  • If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in Rhode Island, including parole or earning “credits” for good behavior, working in prison, participating in approved courses or programs, or performing extraordinary acts.
  • Victims can track the status of an incarcerated person through the Rhode Island Department of Corrections (DOC) Online Search. For automated notifications, victims can register with the Rhode Island Victim Information and Notification Everyday (RI-VINE) system. For assistance with registration, victims can call the Office of Victim Services within the DOC at 401-462-0381. For early release notifications, victims can provide their information to the Parole Board Office at (401) 462-090.

Clemency

In rare cases, the governor may grant the convicted person relief from their conviction.
  • The governor can grant clemency to people convicted under Rhode Island law. In Rhode Island, clemency typically takes the form of a pardon, which officially forgives an individual for a crime.
  • For clemency notification, victims can call the Governor’s office directly at 401-222-2080 or email the office at rigov@gov.state.ri.us.

Victims Rights
Post-Conviction

In Rhode Island, victims have the right to:
  • Be treated with dignity, respect, and sensitivity
  • Notification prior to the convicted individual’s release from prison*
  • Notification of the convicted individual’s furlough, transfer, escape, or death*
  • Submit a statement to the parole board
  • Request restitution and apply for victim’s compensation
  • Prompt return of property that is no longer needed as evidence

* All rights to notification require the victim to provide and update their information with the District Attorney, Attorney General, Department of Corrections, and/or the Board of Paroles and Pardons.

Compensation

  • Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, the Rhode Island Crime Victim Compensation Program reimburses victims for expenses related to the crime, such as medical care, lost wages, and funeral-related expenses.
  • Victims may ask for help with unpaid restitution through the Rhode Island Attorney General’s Victim Services division at 401-274-4400, prompt 7. For more information about Rhode Island’s Victim Compensation Program, victims may visit the Program’s website, call 401-462-7655, or email crimevictims@treasury.ri.gov. The application must be filed within 3 years of the crime.
Click here to learn more about the post-conviction process and victims’ rights in Rhode Island

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