What is post-conviction relief in Washington? Learn about Personal Restraint Petitions, appeals, legal errors, new evidence, deadlines, and your options.

Many people believe that a criminal conviction places the matter to rest forever. This is not always true.

However, there are a few instances when a person who has been convicted of a crime can challenge their conviction or sentence after the trial and the appeal has ended. These instances of post-conviction relief are listed below.

So, what is post-conviction relief?

Post-conviction relief generally refers to the legal processes available to a person after their direct appeal(s) have been denied, and who is seeking relief from certain aspects of their conviction(s), sentence(s), or other matters where the government is restraining the person.

In Washington, such proceedings would be brought by a Personal Restraint Petition (PRP), a motion to vacate a judgment or sentence, a motion to withdraw a guilty plea, or other similar relief such as a new trial motion. These types of proceedings are considered to be collateral attacks on a criminal judgment and are therefore subject to special procedural requirements.

If you were convicted of a crime and believe there was a serious error in the trial (such as a constitutional violation or the error of ineffectiveness by your trial attorney), newly discovered evidence, or other similar circumstances that allow for post-conviction relief in a criminal case, speak with a criminal defense attorney in Vancouver, WA.

It is important to remember that the laws regarding post-conviction relief are very strict and contain certain time limits. This post is intended to serve as general information only and should not be used to determine how to approach your legal concerns. Consult with a qualified attorney.

What Does Post-Conviction Relief Mean?

Post-conviction relief is the term used to describe the many ways a criminal conviction or sentence can be challenged after the normal trial process has concluded.

As contrast to seeking reversal in a new appeal, post-conviction cases seek relief from past action(s) taken in a criminal case.

First, there must be a valid legal ground for seeking relief. Then, the person seeking relief must also comply with the particular procedural requirements for seeking such relief.

Depending on the facts and circumstances of your case, relief may include reversal of a conviction, grant of a new trial, withdrawal of a guilty plea, correction of a sentence, or vacation of a judgment and release from unlawful restraint.

  • A conviction being overturned
  • A new trial
  • A guilty plea being withdrawn
  • A sentence being corrected
  • A judgment being vacated
  • A person being released from unlawful restraint
  • Other relief authorized by law

Available relief depends upon the facts and the procedural history of the case.

Is Post-Conviction Relief the Same as an Appeal?

No.

An appeal and a post-conviction challenge are different legal processes.

Direct Appeal

An appeal is generally a single instance where a party claims that there was errors (including some legal errors) that occurred during the case, and the errors should be corrected by the reviewing court.

Post-Conviction Relief

Post-conviction relief generally refers to collateral challenges to final judgments and sentences in criminal cases.

As stated above, however, Washington law has specifically defined the term “collateral attack” for purposes of post-conviction relief as “other than an appeal” and includes in the list of such remedies personal restraint petitions, petitions for habeas corpus, motions to vacate, motions to withdraw a guilty plea, motions for a new trial, and motions to arrest judgment.

The distinction between appeal and post-conviction relief therefore matters, for it is the case that different procedures and even different deadlines shall apply.

What Is a Personal Restraint Petition in Washington?

One of the most common types of post-conviction relief in Washington is a Personal Restraint Petition, more commonly referred to as a PRP (for Personal Restraint Petition).

A PRP allows a person to challenge unlawful restraint through the appellate courts of Washington.

The Rules of Appellate Procedure for Washington’s Personal Restraint Petitions contain the following information:

  • Where to file the petition
  • What the petition must contain
  • Filing and service requirements
  • Preliminary review
  • Responses from the State
  • Briefing
  • Court consideration
  • Possible hearings
  • Appellate review

Washington courts refer to the Personal Restraint Petition process as a procedure for seeking collateral or post-conviction relief in a criminal case, including attacks on the judgment and/or sentence in a criminal case.

What Can a Personal Restraint Petition Challenge?

A PRP may assert both constitutional and nonconstitutional issues, depending on the underlying claims.

Potential issues can include:

  • Ineffective assistance of counsel
  • Constitutional violations
  • Newly discovered evidence
  • Illegal sentences
  • Insufficient evidence in circumstances recognized by law
  • Significant changes in the law
  • Other grounds recognized under Washington’s appellate rules

Washington’s RAP 16.4 sets forth circumstances under which the restraint is unlawful and the relief available in a PRP petition.

Relief under a PRP is an extraordinary remedy and may not be employed by a defendant to merely re-litigate some disputed issue or issues tried below.

Ineffective assistance of counsel.

Potentially.

The Constitutional right of effective assistance of counsel at time of sentencing.

If a defendant can show that his counsel performed in substandard ways (and that substandard performance caused significant prejudice to the defendant), the defendant will have a claim for ineffective assistance of counsel.

Potential concerns might involve:

  • Failure to investigate important evidence
  • Failure to investigate or call critical witnesses
  • Failure to provide competent legal advice
  • Serious errors during plea negotiations
  • Failure to raise important legal issues
  • Failure to investigate a viable defense
  • Other significant failures affecting the outcome

Not every error by counsel of whatever description constitutes ineffective assistance of counsel.

The post-conviction attorney must determine the conduct of defense counsel, the appropriate standard with which to measure such conduct, and whether or not the defendant has suffered prejudice as a result of such conduct.

Can Newly Discovered Evidence Support Post-Conviction Relief?

Yes, in some circumstances.

Newly discovered evidence can sometimes provide the basis for a defendant’s conviction to be attacked on collateral review.

Newly discovered evidence alone does not automatically entitle an individual to seek post-conviction relief.

The court may consider issues such as:

  • When the evidence was discovered
  • Whether the evidence could have been discovered earlier
  • Whether the defendant acted diligently
  • How important the evidence is
  • Whether the evidence could have affected the outcome
  • Whether the claim satisfies the applicable procedural requirements

Newly discovered evidence exceptions to the one year time limitation for filing a claim are established by statute for specific claims in Washington.

Can You Challenge an Illegal Sentence?

Potentially.

A sentence can be challenged if it is outside the court’s legal power or otherwise illegal.

All the claims in this case are excepted from the one year collateral attack limitation by virtue of Wa. Stat. 4.72.020(1) because defendant’s sentence was imposed without jurisdiction.

Sentencing laws vary by offense, by prior offenses and by prior convictions, and by criminal history, by offense-enhancements, etc. So a sentence can be quite complex and therefore must be reviewed carefully for the basis on which it was imposed.

Can a Guilty Plea Be Challenged?

In certain circumstances, yes.

A motion to withdraw a guilty plea in a criminal case is another type of collateral attack on a criminal judgment in Washington.

A challenge may involve circumstances such as:

  • The defendant did not understand an important consequence
  • The plea was not voluntary
  • The defendant received constitutionally inadequate legal advice
  • The plea resulted from a legally significant error
  • The defendant had another legally recognized basis for withdrawing the plea.

Just because someone later changes their mind and wants to withdraw their guilty plea does not automatically mean they can withdraw their guilty plea.

The circumstances surrounding the plea matter.

Can a Conviction Be Challenged Because the Evidence Was Insufficient?

Potentially, but this area requires careful legal analysis.

Generally speaking, a defendant cannot seek post-conviction relief simply because he or she believes the jury misinterpreted the evidence at trial.

This particular ground for post-conviction relief is only recognized by Washington law to the extent that it is an exception to the one-year time limitation for filing claims after a not-guilty plea.

This is an entirely different legal standard than simply arguing another interpretation of the evidence existed.

His attorney must review the trial record to see if the proper evidence was introduced to establish each element of the crime for which he was convicted.

What Are Constitutional Violations in a Criminal Case?

This does not mean constitutional violations can always be used to seek relief after a conviction.

Potential issues may involve:

  • Right to effective assistance of counsel
  • Due process
  • Right to a fair trial
  • Unlawful search and seizure
  • Right against self-incrimination
  • Right to confront witnesses
  • Right to compulsory process
  • Other constitutional protections

However, identifying a constitutional error is only part of the analysis.

Generally, the same standard that the error was harmful must be met by a person seeking collateral relief.

Washington courts have consistently held that most errors identified through a PRP require a finding of actual and substantial prejudice.

Is There a Deadline for Post-Conviction Relief in Washington?

Yes. Deadlines are extremely important.

Washington provides one year within which to file a collateral attack on a criminal judgment that is final and is attacked on the face of the judgment and sentence together with the further requirement that the judgment was entered by a court with jurisdiction.

The statute defines when a judgment becomes final.

Depending on the procedural history, finality may occur when:

  • The judgment is filed with the trial court clerk
  • An appellate court issues its mandate following a timely direct appeal.
  • The U.S. Supreme Court denies a timely petition for certiorari after a direct appeal

Are There Exceptions to the One-Year Deadline?

Yes.

Washington law provides specific exceptions to the one-year limitation.

These can include certain claims involving:

  • Newly discovered evidence
  • Unconstitutional statutes
  • Double jeopardy
  • Insufficient evidence after a not-guilty plea
  • Sentences imposed without jurisdiction
  • Certain significant changes in the law
  • Other circumstances specifically identified by statute

These exceptions have specific requirements.

Just because your case involves one of these exceptions does not necessarily mean that the exception will apply to your case.

What Happens After You File a Post-Conviction Petition?

The procedure for relief sought depends on the nature of the relief sought.

These issues are addressed in a structured manner by Washington’s appellate rules for Personal Restraint Petitions, e.g., preliminary court review, response by State, additional briefing, consideration by court, possible reference hearing, decision on petition, etc.

  • Filing the petition
  • Preliminary court review
  • A response from the State
  • Additional briefing
  • Court consideration
  • A possible reference hearing when necessary
  • A decision on the petition
  • Further appellate review when permitted

There are several grounds on which a petition for post-conviction relief may be denied by the court.

If the court finds that there is a legally sufficient basis for relief, it can grant appropriate relief.

Does Filing for Post-Conviction Relief Guarantee a New Trial?

No.

Simply filing a petition for post-conviction relief does not automatically result in the reversal of a conviction and new trial.

Whether the petitioner has established a legislatively recognized ground for relief.

Depending on the circumstances the following could be a remedy for a petitioner:

  • Denial of the petition
  • A new hearing
  • A new trial
  • Correction of a sentence
  • Vacating a judgment
  • Withdrawal of a plea
  • Other relief

The remedy depends on the specific legal problem.

Can You Seek Post-Conviction Relief After Losing an Appeal?

Potentially.

The loss of an appeal does not necessarily mean that there are no post-conviction options available.

When a direct appeal is unsuccessful, it is sometimes possible to challenge the same conviction or sentence through a Personal Restraint Petition (PRP) in a Washington superior court.

Just because an appeal is lost does not mean that a PRP will lose too.

Another appeal could be inappropriate but may be reviewed by an attorney along with the prior appellate decision and the entire procedural history of the case.

What Documents Does a Post-Conviction Attorney Need?

You need more than just the final judgment to investigate a post-conviction matter.

Important records can include:

  • Charging documents
  • Judgment and sentence
  • Plea agreement
  • Guilty plea paperwork
  • Plea hearing transcript
  • Trial transcripts
  • Sentencing transcripts
  • Police reports
  • Discovery materials
  • Exhibits
  • Expert reports
  • Previous motions
  • Appellate briefs
  • Appellate opinions
  • Previous court orders
  • Evidence supporting the new claim

That evidence is then compared to the legal grounds for seeking post-conviction relief.

What Should You Do If You Think Your Conviction Was Wrong?

Even if long ago a serious error occurred which led to your conviction, you can still seek relief.

Preserve Your Records

Keep copies of all documents including court papers, transcripts, evidence, correspondence etc.

Do Not Destroy Evidence

DO NOT DESTROY EVIDENCE (including documents, emails, photos, etc.). Availability of evidence can be crucial.

Avoid Public Statements

Be careful about publicly discussing your conviction and any post-conviction relief that is sought in your case on social media or to third parties other than your attorney.

Contact an Attorney

A Vancouver, WA criminal defense attorney can go through the procedural history of your case and see if there are any grounds for relief.

Act Quickly

Remember that post-conviction statutes have strict time limitations. Thus, waiting even a short period of time can mean that a potentially viable legal argument will be lost forever.

What Is the Difference Between Post-Conviction Relief and Vacating a Conviction?

Post-conviction relief — This term refers to the broad range of legal remedies to challenge a conviction, a sentence, or even unlawful restraint after a person has been convicted.

Vacating a conviction is a separate legal proceeding to remove certain qualifying convictions from a person’s criminal history where all of the statutory requirements have been met.

Sealing a record to limit public access to information in criminal cases is another matter entirely and even a completely different legal subject than overturning a conviction.

The best option for you depends upon your goals and the current status of your case.

How Mcaleer Law Can Help With Post-Conviction Relief

Careful review of the original proceedings in the criminal case is required for post-conviction relief cases.

Mcaleer Law can evaluate whether your case may involve issues such as:

  • Ineffective assistance of counsel
  • Constitutional violations
  • Newly discovered evidence
  • Illegal sentences
  • Guilty plea issues
  • Insufficient evidence
  • Trial errors
  • Serious procedural problems
  • Other grounds for post-conviction relief

First, we have to figure out what happened in your case and what legal relief is available to you.