Post-conviction relief PCR

Post Conviction Relief (PCR)

You've been to Court and the wrong thing happened.  You have a limited time to file for post conviction relief.  While appeals are designed to remedy incorrect legal rulings by a Judge, post conviction relief or PCR is designed to give you a chance at a new trial based on the facts of the case.


You have 1 year from the date of conviction or from the date the appeals process ends to file for post conviction relief.  It is important to know that you as the Applicant will have the burden of proving your case by a preponderance or greater weight of the evidence to the Judge to prevail.


Typical claims include allegations of ineffective assistance of counsel, that the sentence exceeds the maximum allowable by law, or that there exists some evidence that has not previously been presented that would warrant vacating the conviction.  It is not enough to show that your previous attorney just didn't do a great job on your case.  You must be prepared to show that had your previous attorney done his or her job correctly the result in the case would have been different.


Practically speaking, that means that at your post conviction relief hearing, you must be prepared to present the evidence for the Court that trial counsel failed to present.  Often that means you need to secure the presence of witnesses for that hearing.  Do you need post conviction relief in Spartanburg, Greenville, Cherokee, Union, or Laurens Counties?  Don't go it alone - get an experienced post conviction relief attorney on your side today. 


Possible Claims After 1 Year

There are exceptions to the time filing period of 1 year from the date of conviction or conclusion of the appeals process.  Pursuant to S.C. Code Sectoin 17-27-50 (C), if new evidence is discovered then you have 1 year to file from the actual discovery of the facts or after the facts could have been ascertained by the exercise of reasonable diligence. 

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