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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

Federal Habeas Corpus

Early Release Programs

Prosecutorial Review

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 problems with how the case has been handled. In certain situations, the prosecution may also file a motion to modify the sentence.
  • Victims can receive information about post-trial motions from the United States Attorney’s Office in the State or District where the case was prosecuted. Each United States Attorney’s Office has a Victim/Witness Assistance Program to help victims. For further assistance, victims can contact the U.S. Attorney’s Office’s Victim-Witness Coordinators at 202-307-0884 or 202-307-2878.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-trial 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 United States Attorney’s Office represents the Government on direct appeal. To receive appeal updates, victims can register for the Victim Notification System (VNS) online or by calling 1-866-365-4968 (1-866-DOJ-4YOU). 

Federal Habeas Corpus

A person convicted under federal law may challenge their conviction or sentence 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 United States Attorney’s Office represents the Government in federal habeas corpus proceedings. For federal habeas corpus notification, victims can register for the Victim Notification System (VNS) online or by calling 1-866-365-4968 (1-866-DOJ-4YOU).

Early Release Programs

These programs can include parole, compassionate release, and earning “credits” in prison.
  • If someone is sentenced to a term of imprisonment in federal court, they may be released from prison earlier through certain programs, including parole (which is available only in limited circumstances), compassionate release, or earning reductions to their sentences (called “good-time credits” or “earned-time credits”) for good behavior or completing certain educational, vocational or rehabilitative programs in prison.
  • Victims can track the status of an incarcerated person through the Federal Bureau of Prisons locator. For custody and early release notifications, victims can register for the Victim Notification System (VNS) online or by calling 1-866-365-4968 (1-866-DOJ-4YOU). For further assistance, victims can contact the U.S. Attorney’s Office’s Victim-Witness Coordinators at 202-307-0884 or 202-307-2878.

Prosecutorial Review

Prosecutors can reconsider the conviction to be sure it is just.

Clemency

In rare cases, the President may grant the convicted person relief from their sentence or conviction.
  • The President can grant clemency to people convicted under federal law. The Office of the Pardon Attorney helps the President in this process. Clemency typically takes one of four forms: a pardon (which forgives a conviction), a commutation (which shortens a person’s sentence or reduces a death sentence to a life sentence), a reprieve (which temporarily delays a person’s sentence), or a remission (which reduces or eliminates court-ordered fines and restitution).
  • Victims receive notification of clemency from the Office of the Attorney General.

Victims Rights
Post-Conviction

In Federal, victims have the right to:
  • Reasonable, accurate, and timely notification of public court or parole proceedings or escape*
  • Present at public court proceedings
  • Be heard at public proceedings in the district court involving release, sentencing, or parole
  • Communicate with the attorney for the Government
  • Request restitution and apply for crime victim’s compensation
  • Freedom from unreasonable delay
  • Be treated with fairness and respect for the victim’s dignity and privacy
  • Return of property no longer needed as evidence

 

* All rights to notification require the victim to provide and update their information with the United States Attorney, Victim Notification System, Bureau of Prisons, and/or the Office of 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, victims may be eligible for Victim Compensation Programs in the state where the crime occurred–even if the case is prosecuted in federal court.
  • Victims can contact the U.S. Attorney’s Office’s Victim-Witness Coordinators at 202-307-0884 or 202-307-2878 or the Clerk’s Office of the United States District Court where the case was prosecuted for assistance with restitution recovery. For applications to Victim Compensation Programs, victims should contact the program in the state or district where the crime happened.
Click here to learn more about the post-conviction process and victims’ rights in Federal

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