Just because someone is convicted and sentenced for a crime, that doesn’t mean the legal fight ends there. A defendant can pursue post-conviction relief (PCR) to challenge their conviction or sentence.
While post-conviction relief can offer a second chance, many petitions are denied. Here are some common errors to avoid.
Missing the filing deadline
A post-conviction relief petition looks at whether a person’s constitutional rights were violated. However, there is a deadline to file a petition. If you don’t file a petition within the two-year filing limit, the court will likely dismiss your case, even if you have a valid claim.
Failing to identify specific errors
Many petitions fail because the petitioner makes vague claims, such as stating that their attorney didn’t do a good job. To be successful, your petition should specify precisely what the attorney did or didn’t do and how it affected the case’s outcome.
Lack of supporting evidence
Post-conviction relief petitions need to have documentation and proof that your constitutional rights were violated. Your claim needs to be backed up with affidavits, transcripts and exhibits.
Attempting to re-try the case
Post-conviction relief isn’t an opportunity for you to reargue the case or the evidence. It’s about determining if your rights were violated in such a way that you were wrongfully convicted. Petitions that try to question trial testimony or the jury’s verdict are likely to fail.
If you want your post-conviction relief to succeed, it’s important to have experienced legal guidance. Between complex rules, deadlines and understanding constitutional law, navigating the process can be daunting. Small mistakes, such as filing in the wrong court, can result in your petition’s dismissal before anyone even looks at it.
This professional guidance can help you avoid those common pitfalls that have derailed other people’s petitions. It’s crucial that you reach out as soon as possible after your direct appeals are exhausted. Otherwise, you risk losing your opportunity and the conviction becomes final.