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Answering FAQs About Post-Conviction Relief in Philadelphia
|Last Updated on: 10th October 2023, 06:00 pm
Answering FAQs About Post-Conviction Relief in Philadelphia
Hey there! If you’re reading this, you probably got convicted of a crime in Philly that you didn’t commit, or maybe you got an illegal sentence. That totally sucks. I feel you. But don’t worry, there are options for getting your case looked at again through something called post-conviction relief. I wrote this article to walk you through the basics in a simple way. I’m not a lawyer, just a regular person who researched this stuff to help a friend.
What is Post-Conviction Relief?
Post-conviction relief is the legal process of challenging your conviction or sentence after you already got convicted and sentenced. There are a few ways to do this in PA:
- File a PCRA petition – this is through PA’s Post Conviction Relief Act
- File a federal habeas corpus petition – this goes through the federal courts
- Request a pardon from the PA Board of Pardons
The PCRA is used the most often. It lets you argue your conviction or sentence was unconstitutional or illegal for some reason the courts didn’t catch the first time.
What Can I File a PCRA For?
There are a few main reasons people file PCRA petitions in PA:
- Ineffective assistance of counsel – This means your lawyer screwed up big time and it hurt your case.
- Suppressed evidence – The prosecution hid evidence that could have helped prove your innocence.
- Unlawful inducement of a guilty plea – The cops or prosecutors unfairly pressured you into pleading guilty.
- Obstruction by the government – The cops tampered with evidence or witnesses.
Of these, ineffective assistance and suppressed evidence are the most common reasons. Your lawyer needs to show exactly how the mistake or hidden evidence probably impacted the outcome of your case.
How Does the PCRA Process Work?
Here’s a quick rundown of how a PCRA petition works:
- You meet with a PCRA lawyer and explain everything about your case.
- The lawyer requests your case records and looks for potential issues.
- If they find a solid issue, they file a PCRA petition laying out the facts.
- The state gets to respond to your petition.
- The court holds a PCRA hearing where both sides present arguments.
- The judge decides whether or not to grant you relief (usually a new trial).
- If you lose, you can appeal the ruling.
It’s like getting a mini-trial focused just on the specific issue your lawyer raises in the petition. The hearing lets them present new evidence that wasn’t shown at your original trial.
How Long Does a PCRA Petition Take?
There’s no single answer to this unfortunately. Every case is different. But expect the process to take at least several months minimum. It could take years if you appeal a denial. The timing depends on factors like:
- How backlogged the courts are
- How complex your legal issue is
- How long it takes to investigate your case
- How many appeals you pursue
The whole point is to be thorough and give the courts time to fully re-evaluate your case though. Rushing usually doesn’t help.
How Much Does a PCRA Lawyer Cost?
The cost really varies case-by-case. PCRA lawyers generally work on hourly fees, so the more complex your case, the more hours they’ll have to bill. Expect to pay at least a few thousand dollars. Costs can keep adding up if you appeal a denial. Many lawyers offer payment plans to spread out the costs over time.
What’s the Deadline for Filing a PCRA Petition?
This is super important! You only have 1 year from the date your conviction becomes final to file your PCRA petition. Your conviction becomes final when:
- Your direct appeal is denied by the PA Supreme Court, or
- You don’t file a direct appeal and the time to appeal runs out (30 days).
Miss this tight deadline and you lose your right to PCRA relief. So don’t delay meeting with a lawyer!
Should I File a Direct Appeal or PCRA Petition?
If you just got convicted, filing a direct appeal should usually come first. A direct appeal argues the trial court made legal mistakes – a higher court reviews the record but can’t consider new evidence. File this within 30 days of conviction.
A PCRA comes after if your appeal fails. It lets you bring up new evidence and argue constitutional violations missed by the trial and appeals courts. Basically a second chance to show your innocence.
What Other Post-Conviction Options Do I Have?
If your PCRA gets denied, you may be able to file a federal habeas corpus petition. This involves asking a federal court to review your case instead of the state courts. The requirements are strict though – you can only raise violations of federal constitutional rights. Talk to your lawyer about whether this is an option.
You can also apply for a pardon from the PA Board of Pardons. This forgives your conviction completely. It’s granted sparingly, but can restore rights like gun ownership. Non-violent marijuana offenses have a better chance nowadays.
How Do I Find a Good PCRA Lawyer in Philadelphia?
Finding an experienced PCRA lawyer is crucial. Lots of criminal defense attorneys don’t handle PCRA petitions regularly. Make sure yours understands all the complex rules and deadlines. Also pick someone who will give your case their full attention – many lawyers juggle too many clients.
Do your research online and ask around for recommendations. Set up consultations with a few lawyers before deciding. Make sure you feel comfortable with them and trust they’ll fight hard for you! Just don’t wait too long – their help means nothing if you miss the PCRA deadline.
Whew, that covers a lot of the basics! Let me know if you have any other questions. I know post-conviction relief can be confusing but don’t get too overwhelmed. Take it one step at a time. With an experienced lawyer on your side, you have a fighting chance! Wishing you the best of luck.