what are Post Conviction Filings?
Legal motions and petitions filed after a conviction and direct appeal have been completed. They allow a person to challenge errors in their case, raise claims of ineffective assistance of counsel, present newly discovered evidence, or request sentence modifications. These filings provide an opportunity to correct injustices, reduce sentences, or withdraw guilty pleas when the conviction or sentence was obtained in violation of a defendant’s rights.
Overview
Post-Conviction Relief Petitions (PCR)
Post-Conviction Relief Petitions (PCR)
Post-conviction filings allow a convicted person to challenge aspects of their conviction or sentence after the direct appeal stage. Typical goals include correcting constitutional or procedural errors, addressing ineffective assistance of counsel, presenting newly discovered evidence, seeking lawful sentence reductions, or withdrawing a plea when appropriate.
Post-Conviction Relief Petitions (PCR)
Post-Conviction Relief Petitions (PCR)
Post-Conviction Relief Petitions (PCR)
- Purpose: Raise constitutional violations, ineffective assistance of counsel, or newly discovered evidence.
- Contents: Petition, supporting exhibits/affidavits, and a memorandum of law tailored to the jurisdiction.
- Outcome Sought: New hearing, new trial, sentence relief, or other appropriate remedies.
State Habeas Corpus Petitions
Sentence Reduction or Reconsideration Motions
Sentence Reduction or Reconsideration Motions
- Purpose: Challenge unlawful confinement or custody based on violations of legal rights.
- Contents: Habeas petition with record citations and organized exhibits; clear statement of relief requested.
- Outcome Sought: Release, re-sentencing, or other relief ordered by the court.
Sentence Reduction or Reconsideration Motions
Sentence Reduction or Reconsideration Motions
Sentence Reduction or Reconsideration Motions
- Purpose: Request a lower sentence due to rehabilitation, program completion, changes in law, or equitable considerations.
- Contents: Motion with legal basis, proof of rehabilitation, reentry plan, and letters of support where relevant.
- Outcome Sought: Reduced term, modified conditions, or favorable adjustment.
Motion to Withdraw Plea
Eligibility & Common Grounds
Eligibility & Common Grounds
- Purpose: Seek to vacate a guilty plea entered without full understanding, under coercion, or without adequate legal advice.
- Contents: Motion with factual support, timeline, affidavits, and legal authorities.
- Outcome Sought: Withdrawal of plea and return of the case to a pre-plea posture.
Eligibility & Common Grounds
Eligibility & Common Grounds
Eligibility & Common Grounds
- Ineffective assistance of counsel (performance and prejudice).
- Constitutional or statutory violations affecting trial or plea.
- Newly discovered evidence not available at trial with due diligence.
- Sentencing errors or changes in applicable law.
- Plea not knowing, intelligent, and voluntary.
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