Representing individuals in Post Conviction Review in Philadelphia
Any experienced criminal law attorney knows there are different types of review possible following a conviction. Pennsylvania state law and federal laws both give a convicted defendant such options. One such method is to file a petition under the Post-Conviction Relief Act (PCRA).
The PCRA allows the person to have the case reconsidered when a direct appeal to the Superior Court has been denied. The Act applies to individuals who believe they were wrongfully convicted or that their sentence is unlawful. A person is eligible to file a PCRA petition if she/he has been convicted of a criminal offense and is on probation or parole, currently serving a prison sentence, or is subject to a death sentence.
To begin the process for post-conviction relief, sufficient information must be provided proving the following occurred in the criminal case:
- A violation of the Constitution of Pennsylvania or of the United States, or of the laws of the United States, and the violation occurred under circumstances which no reliable verdict could have resulted.
- There was ineffective assistance of counsel such that no reliable determination of truth could have taken place
- A plea of guilty was gotten under circumstances which make it likely that the defendant was induced to falsely make the statement and the defendant is innocent
- Government officials wrongly obstructed the defendant’s right to appeal where an issue for appeal was present and capable of being appealed
- New evidence has come to light which would have changed the outcome of the trial
- A sentence was imposed which was greater than the lawful maximum
- The criminal court that entered the conviction did not have proper jurisdiction to do so.
This CLE certification program will provide criminal practitioners with the knowledge and guidance necessary to handle a PCRA case.
The program will address the following:
- Grounds for Seeking Post Conviction Relief
- A step-by-step approach for investigating and preparing a case for PCRA when appointed or retained after a defendant has filed for relief pro se
- Previously Litigated Claims and Waiver
- Time for Filing Petition, Jurisdiction and Procedure
- Standard of Review on Appeal
- A review of SORNA
Our experienced panel will provide a step-by-step approach to handling a PCRA case with comprehensive materials which include sample pleadings for all stages.