Getting Evidence or Charges Dismissed Post-Conviction in Philadelphia

Fighting a Conviction After the Fact: Post-Conviction Relief in Philly

So you or a loved one was convicted of a crime in Philadelphia, but you believe there are grounds to get the conviction overturned. Don’t lose hope! There are a number legal avenues to pursue post-conviction relief even after a guilty verdict. This article will walk through some of the main options in plain English so you can understand your rights and next steps.

Post-Conviction Motions 101

First, what exactly is a post-conviction motion? Basically, it’s a legal request filed after a conviction asking the court to vacate or modify the judgment based on some kind of error or violation that happened during the legal process. Common reasons someone might file include:

• Ineffective assistance of counsel (your lawyer screwed up)
• Suppressed or newly discovered evidence
• Constitutional rights violations
• Invalid guilty plea

There’s a bunch of legalese names and standards for these types of motions, but the main ones in PA are PCRA (Post Conviction Relief Act) petitions and habeas corpus petitions. We’ll break down the key differences below.

PCRA Petitions

A PCRA petition is a special kind of post-conviction motion used in PA state cases. The deadline to file one of these babies is generally within one year of your conviction becoming “final” (meaning all appeals have been exhausted). There are a few exceptions where you can file later, like if:

• New evidence that proves your innocence just came out
• The government interfered with filing it on time
• There’s a new retroactive constitutional right identified by the U.S. or PA Supreme Court

Some of the common PCRA claims include:

• Ineffective assistance of counsel (IAC) – Your lawyer screwed up so bad it violated your 6th Amendment rights. Maybe they failed to call a critical witness, didn’t object to inadmissible evidence, didn’t file an appeal when you asked, etc. The bar is high though – you need to show the lawyer’s performance was deficient AND it impacted the outcome.
• Brady violations – When the prosecution suppresses or withholds exculpatory evidence that could’ve helped prove your innocence. Big no-no.
• Newly discovered evidence – You find new facts, documents, DNA results, witness statements etc. that make it likely you would have been acquitted.

If the PCRA petition is successful, the court can vacate your conviction, order a new trial, re-sentence you or make other corrections.

Habeas Corpus Petitions

A habeas corpus petition can also be filed after conviction, but it’s less common in PA criminal cases. Habeas petitions are more often used for federal prisoners or PA prisoners challenging the constitutionality of their incarceration rather than the conviction itself.

But they can also be another option for PA state prisoners claiming their conviction violated the U.S. Constitution, especially once PCRA remedies have been exhausted. For example, habeas petitions often raise things like:

• Prosecutorial misconduct
• Actual innocence claims
• Due process violations

One catch is you usually need special permission from an appeals court to file a “second or subsequent” habeas petition. But don’t let that stop you from trying if you have a good argument!

Getting Help With Post-Conviction Relief

If your head is spinning from all this legal mumbo jumbo so far, that’s normal! Post-conviction relief can be extremely complicated. Trying to handle these complex motions alone without experience puts you at a huge disadvantage.

That’s why if you want to overturn your conviction in Philadelphia, consulting with a knowledgeable criminal defense or post-conviction attorney is highly recommended. Some ways a lawyer can help include:

• Navigating procedural hurdles and meeting strict deadlines
• Drafting persuasive legal arguments tailored to your unique case
• Gathering affidavits, expert opinions and other evidence to support your claims
• Presenting testimony and evidence at evidentiary hearings
• Negotiating settlements where appropriate

Don’t sit back and wait for new evidence or a legal miracle. Be proactive about protecting your rights. An attorney can evaluate any potential grounds for relief based on the specific facts of your case. It’s not impossible to emerge victorious—even if the odds seem long.

If you can’t afford a private attorney, organizations like the Pennsylvania Innocence Project or federal public defenders may also be able to provide legal help for certain post-conviction claims. Don’t be shy about reaching out!

Real-Life Examples

To give you some inspiration, here are a few real life Philly cases where convictions got overturned thanks to post-conviction motions:

• Willie Veasy – Convicted of murder in 1992 with very shaky evidence. After 27 years behind bars, he filed a PCRA petition citing evidence of his innocence that police hid from the defense. Finally won his freedom in 2020.
• Anthony Wright – Convicted of rape and murder in 1993. His lawyers later filed a PCRA petition when DNA testing revealed it was someone else. Conviction thrown out after 25 years.
• Shaurn Thomas – Sentenced to life in prison for murder based partly on a coerced confession. After 30 years, he filed a habeas petition accusing the prosecutor of misconduct. His conviction was tossed out in 2022.

Key Takeaways

The bottom line is it IS possible to challenge your conviction even after all appeals have been exhausted. Don’t wait around hoping new evidence falls in your lap. Be proactive and explore all options – PCRA petitions, habeas corpus petitions, and more. Having an experienced lawyer in your corner can mean the difference between dying in prison and getting your conviction overturned. It may seem hopeless but amazing things can happen. Where there’s a will, there’s a way!