Filing a post-conviction relief (PCR) petition can be complex as individuals seeking to overturn their convictions or sentences must navigate a web of laws and procedures. As someone considering filing a PCR petition, what challenges can you face? In addition, what...
In Your Corner
Post-Conviction Relief
Can new evidence overturn a Washington County conviction?
Many people feel that getting a criminal conviction overturned feels impossible. Yet, new evidence offers real hope for those who claim their innocence in Washington County. As DNA testing and forensic methods advance, courts now review more cases than ever, giving...
Who can file for post-conviction relief in Oregon?
For those entangled in the complexities of the criminal justice system, hope can seem distant. In Oregon, post-conviction relief offers a beacon of possibility—a chance to challenge a conviction and seek justice anew. This legal path is vital for individuals who...
How is an appeal different from post-conviction relief?
Individuals who believe they have been wrongfully convicted may wonder if they can still challenge it. In Oregon, there are two main pathways: filing an appeal and seeking post-conviction relief. While both aim to rectify an unfair trial or sentence, they vary in...
Ineffective assistance of counsel: Grounds for post-conviction relief
The Sixth Amendment guarantees the right to effective legal representation in criminal cases. This means more than just having a lawyer present – the lawyer must provide a meaningful and competent defense. However, what happens when their performance is so poor that...
3 things to understand about post-conviction hearings in Oregon
A criminal conviction is not always the final word. Even after a trial and a direct appeal, the legal system offers those convicted of a crime a way to address serious errors that might have violated their rights. This process is called post-conviction relief (PCR)....
What are your options after a conviction?
Understanding the legal options available after a conviction can be complex, and you might wonder how to challenge the conviction. Two possible options are direct appeals and post-conviction relief. But what is the difference between these options, and which one could...
What is Federal Habeas Corpus?
Habeas corpus is a legal concept with deep historical roots, dating back to ancient English common law. It originally served as protection against unlawful imprisonment by the government. Today, it refers to a process that allows federal courts to review convictions...
Can a severe crime make one ineligible for post-conviction relief?
No, the seriousness of a crime does not directly affect whether someone can seek post-conviction relief (PCR). This means that people convicted of more serious crimes like murder and armed robbery have the same right to seek PCR as those convicted of less severe ones,...
Post-conviction relief after waiving Miranda rights: Is it possible?
If you waive your Miranda rights, you agree to talk to police without an attorney present. However, this does not give them the complete freedom to coerce or manipulate you into making confessions or statements that can get you into trouble. Even after a conviction,...
