Post-conviction relief involves challenging a conviction or sentence after a direct appeal (or if no appeal was filed). These challenges are typically based on constitutional violations, jurisdictional issues, or newly discovered evidence.

In North Carolina, this process often takes the form of a Motion for Appropriate Relief (MAR) filed in the original trial court. For federal cases, it’s commonly a § 2255 motion to vacate in the sentencing court.

Unlike direct appeals, post-conviction proceedings allow for the introduction of new evidence, such as affidavits, expert reports, or testing, and may include evidentiary hearings.

These are complex and time-sensitive legal actions with specific procedural bars and limitations on successive petitions. Successful outcomes can include a new trial, resentencing, or the vacatur of certain counts. Due to the critical role of admissible proof, proper timing, and selecting the correct procedural vehicle, an early and honest assessment of the case is essential.