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Washington, D.C.

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 withdraw a plea, to be resentenced, to vacate the conviction based on new evidence, or for a new trial based on problems with how the case has been handled. In certain situations, the prosecution may also file a motion to modify the person’s sentence.
  • Victims can receive information about post-sentencing motions by contacting the Victim Assistance Unit of the U.S. Attorney’s Office by phone at 202-252-7130.

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 hat happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
  • The Appellate Division of the United States Attorney’s Office for the District of Columbia represents the District on direct appeal. To receive appeal updates, victims can contact the Victim Assistance Unit of the U.S. Attorney’s Office by phone at 202-252-7130.

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, shortening the amount of time the convicted person must spend in prison, 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 Division of the United States Attorney’s Office for the District of Columbia represents the District in post-conviction proceedings. To receive post-conviction updates, victims can contact the Victim Assistance Unit of the U.S. Attorney’s Office by phone at 202-252-7130.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under DC 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 Division of the United States Attorney’s Office for the District of Columbia represents the District in federal habeas corpus proceedings. To receive federal habeas corpus updates, victims can contact the Victim Assistance Unit of the U.S. Attorney’s Office by phone at 202-252-7130.

Early Release Programs

These programs can include parole or earning time off a sentence for good behavior or illness.
  • If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in DC, including parole, release due to a medical condition or advanced age, and earning “credits” for good behavior in prison, for completing certain educational or vocational programs, or for exceptional acts of service.
  • Victims can track the status of an incarcerated person online. Victims can also register for notification of early release and movement through Victim Information and Notification Everyday (VINE).

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 DC law. Clemency usually takes the form of a pardon (which forgives a conviction) or a commutation (which shortens a person’s sentence).
  • To receive clemency information, victims can contact the Victim Assistance Unit of the U.S. Attorney’s Office by phone at 202-252-7130.

Victims Rights
Post-Conviction

In Washington, D.C., victims have the right to:
  • Fairness and respect for the victim’s dignity and privacy
  • Notification of appeals and post-conviction hearings*
  • Be present at all court proceedings, including the release, parole, record-sealing, oral arguments, and post-conviction hearings.
  • Notification of the escape or death of the incarcerated individual*
  • Notification and information about conviction, sentencing, imprisonment, detention, expungement, and any type of release of the convicted individual*
  • Request restitution and apply for crime victim compensation

* 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 Crime Victims Compensation Program reimburses victims for expenses related to the crime, such as medical expenses, lost wages, and funeral costs.
  • Victims may request assistance with unpaid restitution through the U.S. Attorney for DC or the Attorney General for DC. Victims can find more information about the Crime Victims Compensation Program (CVCP) online and apply. For help with CVCP, victims can get assistance online or by phone at 202-879-4216. Applications must be submitted within 1 year of the crime, with limited exceptions.
Click here to learn more about the post-conviction process and victims’ rights in Washington, D.C.

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