Even if you received a criminal conviction, were sentenced, and were denied relief on direct appeal in Pennsylvania, you can still seek a new trial, resentencing, or other relief through the Post-Conviction Relief Act (PCRA). In certain DNA cases, relief may be available even if you have fully served your sentence.
But strict deadlines apply. So, don’t wait to seek help from an experienced and aggressive Philadelphia criminal defense attorney from The Zeiger Firm. We have a record of successfully handling PCRA petitions, direct appeals, habeas petitions, federal district court and Supreme Court of Pennsylvania matters, and other post-conviction matters on behalf of clients throughout Pennsylvania.
What Is a Pennsylvania Post-Conviction Relief Act Petition?
The Pennsylvania Post-Conviction Relief Act (42 Pa.C.S. §§ 9541-9546) gives you a way to seek relief after a conviction in a Commonwealth court. It is not a federal court procedure. Filing a PCRA petition is similar to a direct appeal. However, as discussed below, they are different in important ways.
If you have been convicted, you can file a PCRA in the trial court right after sentencing without filing a direct appeal first. However, people typically seek relief on direct appeal first. If the appeal fails to provide meaningful relief, a PCRA petition can provide a path to relief.
To seek relief in a PCRA petition, you must have been convicted of committing a crime under Pennsylvania law, or a “state crime.” Also, at the time the PCRA petition would be granted, you would need to be:
- Serving a prison sentence, probation, or parole for your conviction;
- Awaiting execution of a death sentence based on your conviction;
- Serving a sentence that must expire before you serve the disputed sentence; or
- Seeking relief based on the results of post-conviction DNA testing, regardless of whether you are in prison or on probation or parole.
What Is the Deadline to File a PCRA Petition?
You must file a PCRA petition within one year after the judgment in your case becomes final. So, if you do not file a direct appeal, you will have one year from the date you are convicted and/or sentenced. If you file a direct appeal, you will have one year from the date your appeal is resolved. At The Zeiger Firm, we can determine the deadline that applies in your case.
A few exceptions exist. You may still seek relief under the PCRA if you can show that you did not file the petition during the one-year limit due to:
- Unlawful and/or unconstitutional interference by government officials;
- Discovery of new evidence, or facts, that were unknown to you, and which you could not have discovered by the exercise of due diligence; or
- New recognition of a constitutional right which applies retroactively to your case, including a right that could affect your conviction or sentence.
Generally, you must file the petition within 60 days after learning of the exception. If you are seeking DNA testing, you must file the motion in a “timely manner” and not for the purpose of delay.
Is a Post-Conviction Relief Act Petition the Same as an Appeal?
The main difference between a direct appeal and a Post-Conviction Relief Act petition lies in the type of evidence which you can present to a court. On direct appeal, the record is “frozen.” You can’t offer any new evidence.
In a PCRA petition, however, you can seek relief based on evidence that the court did not previously review. For instance, you may be eligible for a new trial based on newly discovered evidence that a witness gave false testimony at your trial or based on evidence that your lawyer failed to provide you with accurate advice before you entered a guilty plea.
What Are the Legal Grounds for a PCRA Petition?
The Zeiger Firm understands the importance of conducting a thorough investigation of Post-Conviction Relief Act claims. We focus on the details, know how to “connect the dots” in the facts, and identify grounds for relief.
In a PCRA petition, you must show that your conviction and/or sentence resulted from one or more of the following:
- A violation of your constitutional rights, including your right to effective assistance of counsel at trial and on direct appeal
- An unlawfully induced guilty plea where, under the circumstances, the inducement caused you to plead guilty to a crime when innocent
- Improper obstruction by government officials with your right of direct appeal, where your appeal had merit, and you had properly preserved your right to appeal in the trial court
- The unavailability of exculpatory evidence at the time of trial that has since become available and “would have changed the outcome” if it had been offered at trial
- The imposition of a sentence greater than the maximum allowed by law
- A trial, sentencing hearing, or other proceeding in which the court lacked jurisdiction
You must also show that you did not previously litigate or “waive” the error, or errors, and that any failure to raise the issue before at trial or on direct appeal “could not have been the result of any rational, strategic or tactical decision” by your attorney at that time.
A motion for post-conviction DNA testing works slightly different from a PCRA petition. For instance, to be granted forensic DNA testing of available evidence, you must swear by affidavit that you are actually innocent, and that the purpose of the testing is to prove your innocence. The identity of the person who committed the crime must have been an issue in the case.
What Are Potential Outcomes for Post-Conviction Relief Act Petitions?
If a Court of Common Pleas judge finds that grounds exist to grant relief under the PCRA, the judge must then decide what type of relief is “appropriate.”
For instance, if you were denied effective assistance of counsel because your counsel failed to properly advise you about taking a plea offer, the judge may throw out the plea and allow you to decide whether to go to trial or enter a new plea.
If the government unlawfully withheld evidence that was favorable to you and important to the jury’s decision, it could result in a new trial as well. A court can also reduce or otherwise modify your sentence.
If your PCRA petition is denied, you can appeal the ruling to Superior Court.
Contact an Experienced Pennsylvania Post-Conviction Attorney Today
With our deep background in criminal law and understanding of the appeals process and PCRA proceedings, we can review your criminal case at The Zeiger Firm and explain the options available to you after your conviction. Contact us today to discuss your case in a free consultation.
