Post-conviction relief is sometimes possible, even if you have already gone through a trial and been convicted. Many people assume that this conviction marks the end of the process and that they are out of options. It is important to know that this is not always true and that there may still be legal steps you can take.
For example, perhaps you were convicted under a state statute, but you believe that the statute is actually in violation of the U.S. Constitution. This would make your conviction illegal, even though the statute would appear to authorize that conviction. You may be able to look into your PCR options to have that conviction overturned on the grounds that it is a violation of your fundamental rights as an American citizen, as granted to you by the U.S. Constitution.
This does not mean the charges are immediately dropped
If this happens, it does not necessarily mean that your conviction and the charges against you have to be dismissed. Instead, it may simply lead to a new trial. The former conviction was in error, so another trial is necessary, with the understanding that the initial statute violated the Constitution.
This could, of course, mean that those charges are eventually dropped. If the only reason you were convicted is because you violated that statute, and it is clear that this statute should not apply in your case because it violates your rights, then it will not be used in the second trial. This means that you would likely not be convicted, and you would eventually receive the outcome that you desired.
But this does help to show how this can be a complex process, and you do not necessarily get those results immediately. It is very important for you to understand exactly what legal steps to take as you address this issue.
