Post-Conviction Relief Lawyer
If you were convicted of a crime and you’re convinced that you never had a chance, you may be entitled to post-conviction relief, which refers to actions that can be taken after a conviction. The law is intended to be fair and impartial, but it is by no means infallible. While obtaining post-conviction relief is challenging, an experienced defense law firm stands by to help right the wrongs you’ve suffered.
Taking the Necessary First Steps
Post-conviction relief (PCR) does not necessarily challenge the original conviction itself but, instead, calls some aspects of the legal process into doubt. To seek PCR in South Carolina, you must first appeal your case. It’s important to note that filing for PCR is not meant to be a substitute for a direct appeal, and you can’t file for PCR when a direct appeal is pending. If your appeal is denied, you can file for PCR, which makes it – in essence – the second step in the appeals process.
The application for PCR requires you to provide a detailed argument regarding your entitlement, which must be backed up by evidence, filed within a brief window of time, and served to the appropriate parties. In other words, to file a successful PCR, you should have a practiced post-conviction relief attorney in your corner.
PCR: Common Grounds
The reason for most PCR filings is ineffective assistance of counsel, which can include any one or any combination of the following:
- Failing to investigate the case effectively
- Not acting in the defendant’s best interests
- Falling to present evidence that supported the defendant’s innocence or that cast doubt on their guilt
- Not objecting to evidence that shouldn’t have been presented in court
Every filing for post-conviction relief, however, is unique, and additional grounds include:
- Prosecutorial misconduct, such as if the prosecution withheld exculpatory evidence – or evidence that supports the defendant’s innocence
- Jurisdictional issues, such as if the court didn’t have the legal authority to hear the case in the first place
- Improper jury instructions issued by the trial judge
- The discovery of evidence that exonerates the defendant post-trial
Because there is a statute of limitations – or time limit – that applies and because PCR only becomes more complex from here, proceeding without legal counsel on your side is never a good plan.
Our Law Firm Provides Post-Conviction Relief
If you believe you are entitled to post-conviction relief, the time to act is now. Monier Abusaft is a compassionate Spartanburg post-conviction relief lawyer who appreciates how difficult your position is and will leave no stone unturned in his focused efforts to help set the record straight on your behalf – in pursuit of an advantageous case outcome. For more information on what we can do to help you, please don’t wait to reach out and contact us online or call us at 864-606-8941 today.