PCRA | Post Conviction Relief Act
In Pennsylvania, you can attack your conviction through the Post Conviction Relief Act (PCRA). A PCRA appeal is different than a direct appeal. The PCRA attorneys at the Zeiger Firm understand the inner workings of the Post Conviction Relief Act and write original petitions for our clients. Our appeals attorney have won PCRAs in Pennsylvania and continue to fight for our clients after the time of conviction.
You can file a petition under the Post Conviction Relief Act for any grounds in 42 Pa.C.S. 9543(a)(2). The grounds include:
- A violation of the Constitution of this Commonwealth or the Constitution or laws of the United States which, in the circumstances of the particular case, so undermined the truth-determining process that no reliable adjudication of guilt or innocence could have taken place.
- Ineffective assistance of counsel which, in the circumstances of the particular case, so undermined the truth-determining process that no reliable adjudication of guilt or innocence could have taken place.
- A plea of guilty unlawfully induced where the circumstances make it likely that the inducement caused the petitioner to plead guilty and the petitioner is innocent.
- The improper obstruction by government officials of the petitioner’s right of appeal where a meritorious appealable issue existed and was properly preserved in the trial court.
- The unavailability at the time of trial of exculpatory evidence that has subsequently become available and would have changed the outcome of the trial if it had been introduced.
- The imposition of a sentence greater than the lawful maximum.
- A proceeding in a tribunal without jurisdiction.
The PCRA lawyers at the Zeiger Firm use the PCRA to argue unconstitutionality, ineffective assistance of counsel, illegal sentence, withdrawal of guilty plea, government interference from filing an original notice of appeal, no jurisdiction, or newly discovered evidence.
The standard applied in a petition under the post conviction relief act is the issue has legal merit, the mistake was made, and the outcome would have been different had the mistake not been made. The PCRA petition is filed by Mr. Zeiger in the Court of Common Pleas of the county where the conviction occurred. The matter is then appealed to the Superior Court of Pennsylvania where the real fight happens.
Don’t ever stop fighting.
Contact us with your questions for a free consultation for the grounds of the PCRA, timeliness issues, the forum, the actual procedure, and the validity of your issues.
If you want to attack a conviction under the Post Conviction Relief Act, contact the aggressive and experienced appellate lawyers at the Zeiger Firm. Never give up the fight. Contact Brian J. Zeiger now at his Philadelphia, Pennsylvania office at 215.546.0340.