What is the process for filing a petition for post-conviction relief?

The process for filing a petition for post-conviction relief in Virginia starts with a convicted person filing a motion for relief in the appropriate circuit court. The motion must be accompanied by an affidavit of the petitioner (the prisoner) and any supporting documents. The Virginia Supreme Court has provided a standardized form for use when filing a motion for post-conviction relief. Once the motion is filed, the circuit court will review it and decide if there are any grounds for relief. If the court finds that there are potential grounds for relief, the court will order a hearing. At the hearing, the petitioner and any witnesses will present evidence in support of the motion. The petitioner will also have the opportunity to present any arguments as to why he or she believes the conviction should be overturned. If the court finds that the petitioner has met the burden of proof, the court will issue a decision granting post-conviction relief. However, if the petitioner fails to meet the burden of proof, the court will deny the motion. If the motion is denied, the petitioner can appeal the decision to the Supreme Court of Virginia. The Supreme Court has the power to reverse or modify the lower court’s decision. If post-conviction relief is granted, the petitioner may be found innocent of the charges, the sentence may be reduced, or the petitioner may be granted a new trial. The court will determine the appropriate form of relief based on the merits of the case.

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What is the process for filing a petition for post-conviction relief?

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