What is the procedure for filing a motion for post-conviction relief?

In Virginia, the procedure for filing a motion for post-conviction relief begins with the filing of a “Petition for Writ of Habeas Corpus” in the Virginia Circuit Court. This petition must include facts that indicate the petitioner’s eligibility for post-conviction relief. After the petition is filed, the Circuit Court will consider the facts and evidence presented and decide whether to grant the petition. If the Circuit Court grants the petition, then the petitioner can proceed to file a “Motion for Post-Conviction Relief.” This motion must include specific facts and evidence that demonstrates why the petitioner believes the conviction was unlawful or that there was a miscarriage of justice that requires review or consideration. The motion must be supported by notarized affidavits and other forms of evidence. After the Motion is filed, the Circuit Court will again review the facts and evidence provided and decide whether to grant the motion. If the motion is granted, then the petitioner can proceed to a full hearing, also known as an evidentiary hearing. This hearing provides the petitioner with the opportunity to present evidence and witnesses to attempt to prove that the conviction was unlawful or that a miscarriage of justice occurred. After the hearing concludes, the Circuit Court will issue a ruling on whether the conviction should stand or be overturned.

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What is the procedure for filing a motion for post-conviction relief?

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