The most common allegation pursued in post conviction proceedings is that the client did not receive effective assistance of counsel at trial, sentencing, post-sentencing, or for a guilty plea or violation of probation hearing. Other potential allegations include: involuntary plea, prosecutorial misconduct, etc.   Remedies may include: new trial, new sentencing, correction of sentence, and permission to file belated post-trial motions.

Typically, post conviction hearings are held after an appeal has been decided in a case.  However, the failure to pursue an appeal after a conviction does not necessarily preclude a person from pursuing post conviction relief. 

Post conviction hearings are held in the circuit court where the client was convicted.  A judge (other than the judge that presided at the original trial or plea) will be appointed to hold a hearing and issue a ruling.