Cherry Hill, NJ, Post-Conviction Relief Attorney

If you or someone you care about has been wrongfully convicted in the State of New Jersey, you may think you need to appeal the matter, but an appeal isn’t always available. Everyone who serves as a judge and who represents defendants in criminal cases, however, is human, and they’re all vulnerable to human error. If your criminal defense attorney made a critical error in your case or failed to provide you with the level of defense to which you’re entitled, you may be a candidate for post-conviction relief (PCR).

PCR takes your attorney’s overall competence – and related matters – into question rather than appealing some aspect of the legal process. If you believe you were convicted as a result of your attorney’s ineffective assistance of counsel, it’s time to consult with an experienced Cherry Hill, New Jersey, post-conviction relief attorney.

Grounds of Post-Conviction Relief

Post-conviction relief constitutional rights refers to the legal process that allows individuals to seek adjustments to their sentences or to vacate convictions altogether, and the most common grounds include:

• Ineffective assistance of counsel, which is the most common
• Lack of jurisdiction for the court in question
• Newly discovered exculpatory evidence – or evidence that benefits the defendant
• The misapplication of jail and gap-time credit
• Illegal sentencing, such as excessive sentencing
• A denial during the conviction proceedings of the defendant’s constitutional rights

Every PCR claim is unique to the specific circumstances involved, and working closely with a seasoned post-conviction relief attorney from the outset is always to your legal advantage.

Appeals Differ from PCR

Appeals challenge the decisions made by lower courts regarding the resolution of issues that adversely affect the party who is appealing. Appellants – or those doing the appealing – generally have 45 days from their conviction dates to file their appeals.

Post-conviction relief, on the other hand, allows petitioners to assert concerns that weren’t addressed in court at the time of their original hearings. This means that the issues addressed weren’t part of the record created at that time, which – in turn – means that the legal issues couldn’t have been raised on direct appeal. 

Post-Conviction Relief Filing Requirements

In New Jersey, petitioners generally have five years from the date of conviction to file for PCR. A PCR can be filed after pleading guilty or after a case has gone to trial. Further, a PCR can be filed while the petitioner is serving a jail or prison sentence or after their sentence requirements have been completed.

Reach Out to an Experienced Cherry Hill PCR Attorney for the Skilled Guidance You Need Today

If you believe you were convicted as a result of ineffective assistance of counsel, the trusted post-conviction relief attorneys at The Law Offices of Christopher St. John – proudly serving Cherry Hill, New Jersey – have the experience, legal insight, and drive to fiercely advocate for a favorable resolution that helps right the legal wrong you’ve suffered. We’re on your side, so please don’t wait to contact us online or call 856-403-3926 for more information today.