Why You Need a Specialist
Post-conviction law is a distinct specialty. The rules are different from trial practice, the deadlines are strict and unforgiving, the procedural hurdles are numerous, and the standards of review are demanding. An attorney who is excellent at trial work may have little or no experience navigating habeas corpus petitions, post-conviction relief statutes, or innocence claims.
When looking for help with a post-conviction case, the most important qualification isn't general criminal defense experience — it's specific experience with post-conviction proceedings in the relevant court system.
Free Options First
Innocence Organizations
If there's a genuine claim of innocence — particularly if there's untested or newly emerged evidence — innocence organizations are the first place to turn. Most provide representation at no cost to clients who meet their intake criteria.
- The Innocence Project (innocenceproject.org): The largest and most well-known. Focuses primarily on cases where DNA testing could establish innocence.
- Innocence Network member organizations (innocencenetwork.org): Directory of 75+ organizations across the US. Most take both DNA and non-DNA cases. Find your state's organization and apply directly.
Innocence organizations have rigorous intake processes and long waitlists. A well-organized case summary with supporting documentation significantly improves the chances of acceptance.
Public Defender Post-Conviction Units
Many state and federal public defender offices have dedicated post-conviction or appellate units that handle ongoing representation for clients after conviction. If your loved one was represented by a public defender at trial, contact that office and ask specifically about post-conviction representation.
Federal public defenders handle § 2255 motions for federal prisoners. State public defenders vary in their post-conviction capacity by state.
Law School Innocence Clinics
Dozens of law schools operate innocence clinics where students, supervised by experienced attorneys, take on post-conviction cases. These clinics are particularly valuable because they have time and resources to investigate thoroughly, and they often work with faculty who have deep post-conviction expertise.
To find a clinic: search "[your state] law school innocence clinic" or contact your state's bar association for a referral.
Conviction Integrity Units
Many large prosecutors' offices now have Conviction Integrity Units (CIUs) or Conviction Review Units (CRUs) that independently review claims of wrongful conviction. Some have been responsible for major exonerations. Submitting a case to a CIU is free and doesn't require an attorney, though having legal help strengthens the submission.
CIUs exist in jurisdictions including Dallas, Brooklyn, Cook County (Chicago), Los Angeles, Philadelphia, and many others. Not every jurisdiction has one.
Paid Options
Private Post-Conviction Attorneys
Private attorneys who specialize in post-conviction work exist in most states. Finding them requires specific searching:
- Search for attorneys who specifically list "post-conviction," "habeas corpus," or "criminal appeals" as practice areas — not just "criminal defense"
- Your state bar's referral service can identify certified specialists in criminal law
- The National Association of Criminal Defense Lawyers (nacdl.org) has a member directory
- Ask the innocence organization in your state for attorney referrals even if they can't take the case themselves
Contingency Arrangements
Some private post-conviction attorneys will take strong cases on a partial or full contingency basis — meaning they don't charge upfront fees and instead receive payment if the case succeeds, sometimes through wrongful conviction compensation claims. This is more common in cases with compelling evidence of innocence.
How to Approach an Attorney
Whether reaching out to an innocence organization or a private attorney, a well-organized initial submission significantly improves your chances:
- Write a clear, factual summary of the case — what happened, what the conviction was for, what grounds you believe exist for relief
- Gather the trial record, appeal decisions, and any new evidence
- Explain specifically what you believe went wrong — don't just say "my loved one is innocent," explain why you believe it and what evidence supports it
- Research is valuable: if you've used CaseMatchAI to find similar cases where relief was granted on similar grounds, include that information
Attorneys and organizations are more likely to engage with cases where the family has done serious preparation. Your research directly affects whether the case gets accepted.