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Post-Conviction Relief

Post-conviction relief is a procedure that allows the defendant in a criminal case to bring more evidence or raise additional issues in a case after a judgment has been made (post-trial). With valid grounds, post-conviction relief can help you obtain a fair resolution in your case.

What Is PCR, and How Does It Work?

Unlike direct appeals, post-conviction relief acts like a post-trial motion. PCR arguments are filed with the trial court, not an appeals court. In most cases, a post-conviction motion is used to address issues that unclear in the case. Post-conviction relief is commonly used after the defendant loses a direct appeal.

Post-Conviction Relief

Evidence and arguments commonly used in PRC include:

  • DNA tests which can prove innocence
  • Evidence of perjury or juror misconduct
  • Misconduct by the prosecution
  • Changes in the law post-verdict
  • Ineffective/poor attorney counsel during the case
If the PCR motion is successful, the judge may grant the petition and order a new trial, modify the sentence, or order some other form of relief for the defendant. In your case, a post-conviction relief may be the key to obtaining a positive resolution and protecting your future opportunities!

The Post-Conviction Relief Process

Post-conviction relief cases usually begin with a reading and investigation of transcripts and other written materials from the court proceedings. Next, the attorney testifies, at which point the victim may be requested to testify. Unlike appeals proceedings, the petitioner has the right to address the court during a PCR hearing. In addition, the victim also has the right to give an impact statement.
The Information presented at this site should not be construed as formal legal advice, nor the formation of an attorney-client relationship.
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