Post-Conviction Relief

Post-conviction relief (often abbreviated as PCR) is a legal process that allows a person who has already been convicted of a crime to challenge their conviction or sentence.

It is often called a "collateral attack" because it is a separate lawsuit filed after the trial and initial appeals are over. While a direct appeal focuses on mistakes the judge made, post-conviction relief usually focuses on things that happened outside the trial record or errors made by the defense team.

Key Grounds for Post-Conviction Relief To be successful, a petitioner must usually prove that their constitutional rights were violated in a way that fundamentally tainted the trial. Common reasons include:

Ineffective Assistance of Counsel: This is the most common claim. You must prove that your lawyer’s performance was so far below professional standards that it actually hurt your case (e.g., they failed to interview a key witness or didn't explain a plea deal).

Newly Discovered Evidence: Information that was not available during the trial (like new DNA technology or a witness coming forward) that could prove your innocence.

Prosecutorial Misconduct: If the prosecutor illegally hid evidence that would have helped the defense (known as a Brady violation).

Changes in the Law: If a higher court (like the Supreme Court) makes a new ruling that applies retroactively to your case.

Sentencing Errors: If the sentence given was illegal or exceeded the maximum allowed by law.