What is the difference between an appeal and post-conviction relief?

An appeal and post-conviction relief are two different options available to someone who has been convicted of a crime in Washington. An appeal is a legal process that allows a higher court to review a decision made by a lower court. The court will decide if the law was applied properly and if the original ruling should stand. Post-conviction relief is a legal procedure that someone can use to challenge their conviction after an appeal has failed. This process can be used to challenge the conviction based on a new fact or evidence that was not previously presented in the case. Additionally, someone can use post-conviction relief to challenge the court’s view of the law or to present newly-discovered evidence or witnesses that support their case. An appeal is meant to protect someone’s rights if they feel the lower court made a wrongful decision. Post-conviction relief is intended to be used if new facts or evidence become available that could potentially help overturn a conviction. Post-conviction relief is often used as a last resort after an appeal has already been unsuccessful.

Related FAQs

What is the procedure for appealing a criminal sentence?
What are the chances of success on a criminal appeal?
Is a post-conviction relief hearing necessary in a criminal case?
What is a direct appeal?
What is an en banc hearing?
Are motions for summary judgment allowed in a criminal appeal?
Can I argue ineffective assistance of counsel on a criminal appeal?
Is an attorney necessary for a criminal appeal?
What is criminal appeal law?
Are there appellate court opinions that can be cited in a criminal appeal?

Related Blog Posts

Navigating the Criminal Appeal Law Process: A Guide for Clients - July 31, 2023
Understanding the Elements of a Criminal Appeal Case - August 7, 2023
What to Expect When Filing a Criminal Appeal - August 14, 2023
Strategies for Effectively Contesting a Criminal Conviction - August 21, 2023
5 Tips on How to Prepare for Criminal Appeal Hearings - August 28, 2023