Post-Conviction
After the long criminal justice process, victims may think a conviction and sentence is final. However, processes that occur post-conviction, such as appeals, can alter the “final” determination. Module 2 explains post-conviction phases in the criminal justice system.
Advocates can play an important role in the post-conviction phase by:
- Helping victims understand what procedures may take place after a conviction and sentence
- Ensuring that victims receive information about their rights to receive information about post-conviction processes related to their case—such as appeals and parole hearings—including what, if any, action victims must take to ensure they continue to receive information. See Module 3 and your agency’s state-specific supplemental guide regarding victims’ post-conviction rights and victims’ obligations to initiate their rights
- Assisting victims in maintaining current contact information with probation and/or parole officials should victims wish to receive ongoing notification about offenders’ release and/or provide a victim impact statement at release proceedings (if permitted by local law)
- Facilitating communication between victims and the prosecutor’s office regarding the status of any appeals
- Addressing victims’ safety and physical and mental health needs and assisting in meeting these needs. Even though the criminal justice process may have concluded, victims will continue to deal with the aftermath and trauma of their sexual assault.
Post-conviction proceedings may come up many years after a conviction. Agencies and organizations that provide advocacy services to victims as they navigate the criminal justice system should have an internal system in place to ensure that, should victims need continued advocacy in appeals and/or parole hearings in the future, the agency can continue to provide support even if the individual advocate who assisted the victim has since left the agency.