About Post-Conviction Relief
As PCR is often the last opportunity to end an innocent person’s incarceration, it requires a skilled attorney with experience in this area. Allow the Law Office of Mo Abusaft to help you.
Post-Conviction Relief, or PCR, is usually the last attempt by a convicted defendant to attack his or her sentence. PCR occurs after direct appeal, and issues that can be challenged by direct appeal cannot be attacked by PCR.
PCR is the first time a convicted defendant can ask the court to overturn his conviction because his attorney did not properly represent him or what is legally called ineffective assistance of counsel. In South Carolina, PCR’s are overwhelmingly based on ineffective assistance of counsel.
Areas PCR Can Attack a Conviction
Any person who has been convicted of, or sentenced for, a crime and claims:
- Conviction or sentence violates the U.S. or S.C. constitution or laws of this state, e.g., all claims of ineffective assistance of counsel
- The court was without jurisdiction to impose a sentence
- Sentence exceeds the maximum authorized by law
- That there exists evidence of material facts, not previously presented and heard, that requires vacation of the conviction or sentence in the interest of justice
- A sentence has expired, or probation, parole, or conditional release has been unlawfully revoked
- “Catch-All” (S.C. Code Ann. § 17-27-20) allows the Act’s provisions to be invoked only by one claiming the right to have a sentence vacated, set aside, or corrected. Lance v. State, 279 S.C. 144, 303 S.E.2d 100 (1983).