The Post Conviction Relief Act: what to do when you have exhausted your appeals

Posted on June 12th, 2019

Pennsylvania state and federal law both give defendants that have been convicted the right to file appeals based on many reasons. A direct appeal after trial is one way and filing a petition under the Post Conviction Relief Act is an additional, less well-known, method.

Direct appeals usually only allow you to appeal issues your trial attorney has preserved at the trial level. An issue is preserved when your attorney objects and states grounds for the objection on the record. If the lawyer has preserved these issues, you may appeal to the Superior Court of Pennsylvania for a direct review of any mistakes the trial court made.

If your direct appeal is unsuccessful, it may be time to file a PCRA.

You are eligible to file a PCRA petition if you have been convicted of an offense and are serving a prison sentence, are on probation or parole, or your sentence has had a severe lasting collateral consequence, even if you are no longer incarcerated or on probation or parole.

You can get post-conviction relief if:

• Your lawyer was ineffective, and this prevented a reliable verdict from being reached. You can call into question your trial counsel’s effectiveness at this stage.
• Your Constitutional rights were violated so significantly that no reliable verdict could have resulted.
• There is newly discovered evidence that is exculpatory and would likely have changed the result of your case.
• You were coerced or induced into pleading guilty when you were actually innocent.
• You received a sentence that was improper or unlawful for your offense.

At the PCRA stage, new arguments can be made in various aspects of your case. Because of this, it is very important to find the right attorney who will carefully review your trial transcript and discuss the specific aspects of your trial with respect to filing a PCRA. It is essential to have a well-researched and well-argued PCRA to maximize the chances at having your conviction overturned.