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Post-Trials: Frequently Asked Questions

​1.  My attor​ney messed up my case, what do I do?

Please see the RCr 11.42 Motion information packet.


2.  I am not happy with my current trial attorney. Can the Post-Conviction Branch help me?

Unfortunately, the Post-Conviction Branch cannot assist clients who are currently represented by an attorney and have not yet sentenced. If the client is currently represented by a DPA attorney, he/she should first address their concerns with his/her attorney. If that is unsuccessful, he/she should address the matter with the attorney’s supervisor. If no resolution is gained after speaking with the attorney and management, the client may address his concerns with the court. If the client is currently represented by private counsel, the client should address the matter with his/her attorney, and if that is unsuccessful, may address the matter with the court.  


3.  I’ve already been sentenced and want to challenge my conviction, how do I get an attorney on my case?

If you are entitled to a direct appeal (you were sentenced after a jury trial, entered a conditional guilty plea, or are challenging an error occurring at sentencing), and you are represented by DPA, your trial attorney should file a notice of appeal on your behalf, along with a motion requesting that an appellate attorney be appointed. If you are represented by private counsel and cannot afford a private attorney any longer, you should: prepare and file a notice of appeal with a motion to proceed in forma pauperis and a motion for the appointment of appellate counsel. These documents must be filed no later than thirty (30) days after the final judgment in your case.  Please see the Direct Appeals Informational Packet for more information.  

In order to get an attorney appointed to represent you in a post-conviction matter, the defendant must first file a pro se post-conviction motion with the court, along with a motion requesting the court to appoint DPA Post-Conviction Branch to the case. An Affidavit of Indigency must be included. Please see the RCr 11.42 Motion and/or CR 60.02 Information Packets.  

4.  My time credit is wrong. How do I get it fixed?

All time credit issues are best addressed by filling out and filing the CPP 17.4 forms. Those forms are then sent to the Department of Corrections for review.  Please see the CPP 17.4 Informational Packet.  


5.  I want a copy of my resident record card. What do I do?​

If you are currently incarcerated in a Ky. prison, you should request a copy from your caseworker. Resident Records Cards can also be viewed on the JPay kiosks.  If you are currently incarcerated in a jail, you should request the record card from a Class D Coordinator. An inmate is typically only provided one copy of the Resident Record Card per year, unless a significant change has occurred.  


6.  I received a write up which was ultimately affirmed by the Warden.  What can I do now?  ​

File a Petition for a Declaration of Rights so the issue can be reviewed by a circuit court. Please see Petition for Declaration of Rights information packet.

7.  I did not receive the order denying my post-conviction motion in time to file a timely notice of appeal.  What do I do now?​

You can file a Motion for Belated Appeal explaining why the Notice of Appeal is late. Please see Motion for Belated Appeal Informational Packet. 

8.  Where do I find information on filing motions within the state and federal circuit and appellate courts?


Please see the Post-Conviction Packets on the Post-Conviction Information Packets tab or write to Legal Inquiries, Dept. of Public Advocacy, 5 Mill Creek Park, Section 101, Frankfort, KY 40601 and request a copy of the needed packet or information.  (Legal Inquiries is limited on the legal advice that may be provided).

9.  I am not happy with my post-conviction attorney. What do I do?​

You should first voice your concerns to your post-conviction attorney.  If that does not resolve your issue, you should contact the Post-Conviction Branch Supervisor of the office of your attorney.

10.  How do I request my trial attorney file?​

You can do this by writing a letter to your trial attorney.  If your case has been closed, and you were represented by DPA, you can request your trial attorney file from DPA Law Operations at 5 Mill Creek Park, Frankfort, Kentucky 40601.

11.  I want a copy of my discovery in my case. How do I get that?​

Request of copy of your discovery from your trial attorney.​

12.  I want to be moved to a different prison. What do I do?

Make the transfer request to your caseworker at your present institution and/or the Department of Corrections.  

13.  I need a lawyer for my post conviction action?

After conviction, you can still file post conviction motions such as an RCr 11.42 motion (ineffective assistance of counsel) or a CR 60.02 motion (mistake or other error). However, Kentucky does not automatically appoint an attorney to your case. Instead, you must file your own motion called a "pro se" motion, and also ask for a lawyer to be appointed to your case. If a lawyer is appointed, they will then be able to help on your case. The statute that allows for an attorney to be appointed to your case is KRS 31.110.10(2)(c). You can find more information on how to ask for a lawyer in the Appointment of Counsel Information Packet. The motion you file with the court (the "IFP" or "motion to proceed in forma pauperis"). A sample motion can be found in the information packet. The Department of Public Advocacy knows that this can be an intimidating and scary process. We hope that our information packet helps you to navigate the court system. We are also available to answer questions on how to make sure that your rights are protected.