Even if you have already gone through a trial in Oregon and been convicted, there may be options for post-conviction relief (PCR). It is important to know what legal steps to take to seek that relief rather than simply assuming that you have to accept the conviction.
One key detail to consider is where you should file a petition for post-conviction relief. It depends on the outcome of your trial, as that will help determine which county you should file in.
If you are incarcerated
Being convicted may mean that you are currently incarcerated as you are looking into your PCR options. If so, then you file the petition in the county where you are being held. Your attorney can help you file the correct paperwork with the court, and it is this county court that has jurisdiction because that is where you are located at the time.
If you are not incarcerated
Even if you were convicted, you may not currently be imprisoned. Perhaps you face other ramifications, such as probation, house arrest and fines.
If so, then you typically file your PCR petition in the county where your sentence was handed down. This is the county court in which you were initially convicted. You may have learned of your sentence at an actual sentencing hearing at a later date, but this is still the court that has jurisdiction over your case. They will review your PCR petition.
Steps beyond filing the paperwork
Simply filing your PCR petition is just one of the first steps you will need to take. It is very important to know more about PCR in Oregon and whether you qualify. It’s smart to have an experienced attorney on your side as you move through the process.