How to File Your Own Post Conviction Petition

You may file a post conviction petition on your own, or apply to Collateral Review to have an attorney file a petition for you.  Please note that an attorney is not required to file a petition if the attorney determines that no valid post conviction issues exist in your case.  If you decide to file the petition yourself, you are still entitled to legal representation from this office, which entails reviewing your case, adding other potential issues if necessary, and representation at any future hearing. 

If you choose to file your own, there are a few legal rules that must be followed. 

1.  The petition must be filed with the Clerk of the Court where your conviction took place.  (Example: Clerk of the Circuit Court for Baltimore City).

2.  The petition shall state:

• Whether or not petitioner is able to pay costs of the proceeding or to employ counsel. 

• The petitioner's name, place of confinement, and inmate identification number.

• The place and date of trial, the offense for which the petitioner was convicted, and the sentence imposed.

• The allegations of error upon which the petition is based.

• A concise statement of facts supporting the allegations of error.

• The relief sought.

• A statement of all previous proceedings, including appeals, motions for new trial and previous post conviction petitions, and the determinations made thereon.

• A statement of the facts or special circumstances which show that the allegations of error have not been waived.

3.  A copy of the petition must be mailed to the Office of the State’s Attorney in the county where your conviction took place.   The petition must include at the end of the petition a “Certificate of Service,” in which you affirm that the petition has been sent to the State. 

Example: 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this ________ day of ________________________, 2008, a copy of the foregoing Petition for Post Conviction Reliefwas mailed to Office of the State’s Attorney, 209 Mitchell Courthouse, 100 N. Calvert Street, Baltimore, MD 21202. 
__________________
Your Name Here