Do you feel that your rights were violated during the course of your recent criminal trial? If so, you may be eligible for post-conviction relief, or PCR, which can lead to a new trial to fight your conviction. While it can be a long and difficult process, our South Carolina legal team wants to make it easier by giving you the information you need to proceed.
How the SC PCR Process Works
Post-conviction relief is the second part of the appeals procedure and can only be obtained after a direct appeal is denied. To be considered, you must apply to the court for relief within a strict time period after the direct appeal has been denied. Because the application is complex and intricate, requiring timely filing and serving of involved parties, it’s best to go over it with an experienced criminal law firm rather than trying to handle it on your own. We’ll help you provide the required arguments and evidence as to why you should receive PCR. We will also attend a hearing to prove that your original attorney failed to give you adequate assistance for your case leading to an unmerited conviction.
Most Common Causes for Post-Conviction Relief
Most PCR cases are due to a negligent criminal defense attorney. When they fail to act in your best interest, don’t object to inappropriate evidence, fail to investigate the whole case, or don’t present applicable favorable evidence, you may be unjustly convicted. Other legal errors can also lead to post-conviction relief such as the judge not offering proper jury instructions, the case being held out of jurisdiction, prosecuting attorneys withholding evidence, or exonerating evidence being discovered after the conclusion of a trial.
Statute of Limitations on Post-Conviction Relief
Once the direct appeal is over, PCR is the last relief available to a defendant. The amount of time you have to file for PCR is set by the South Carolina Uniform Post-Conviction Procedure Act, who gives you one year to file your application after your conviction and sentencing, or the final decision file date for your appeal, whichever is later.
Applying for post-conviction relief and getting through the red tape of challenging a criminal conviction can be a tedious and stressful process. Let our experienced legal team fight to get you the justice you deserve. Call the Greg McCollum Complete Legal Defense Team at (843) 626-5480 today for a free consultation.
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