Post-Conviction Proceedings

In a criminal trial, the law requires a lawyer for defendants to be present at the sentencing stage of the trial. If individuals are convicted of a crime and are placed on probation, they still have the right to counsel at a later hearing on the revocation of their probation and imposition of the deferred sentence. Due process and equal protection rather than Sixth Amendment rights, however, will apply in the following three post-trial hearings:

  1. for granting parole or probation
  2. for revoking parole when parole was imposed after sentencing
  3. for prison disciplinary hearings

Inside Post-Conviction Proceedings