What is a Post Conviction Relief Act Petition?
A Post-Conviction Relief Act Petition, or PCRA, is a statutorily created procedure in Pennsylvania which allows for a collateral challenge to a conviction. A PCRA is normally filed after direct appeals to the Pennsylvania Superior Court and/or Pennsylvania Supreme Court are complete. The PCRA allows challenges based on ineffective assistance of counsel, an allegation that a violation of the Constitution of the United States or Pennsylvania gravely undermined the criminal proceedings, an allegation that a guilty plea was unlawfully induced, an allegation of governmental interference in the right to appeal and challenges to the legality of sentence or the jurisdiction of the court.
How Does the Process Work in Pennsylvania?
In Pennsylvania, a person who was convicted of a crime and is currently serving a sentence of imprisonment or probation or parole for the crime, or is serving a sentence which must expire before the person may start serving the disputed sentence, is eligible for a PCRA. A PCRA must be filed within one year of the date the judgement of sentence becomes final. The time limitations of the PCRA go to the jurisdiction of the court. This means that the court does not have jurisdiction to hear a PCRA which is not timely filed. Also, the PCRA can only include issues which have not been previously litigated.
A PCRA is commenced by the filing of a PCRA petition in the county where the conviction occurred. In that petition, we state the grounds for relief and request an evidentiary hearing, if appropriate. The court normally directs the District Attorneys Office to file an Answer to the PCRA petition. After the answer is filed, the court can either schedule a hearing or issue a Notice of Intent to Dismiss. If the court indicates that it intends to dismiss the PCRA petition, we file a response setting forth the reasons the PCRA petition is meritorious and should be heard. The court can either schedule a hearing, allow for thefiling of an Amended PCRA Petition or dismiss the PCRA. If the court denies relief, a direct appeal from the denial of the PCRA petition can be filed with the Pennsylvania Superior Court within 30 days of the date of the order dismissing the petition.
Can a PCRA be Denied?
Yes, a PCRA can be denied if the trial court decides that the petition does not have merit. Furthermore, a PCRA can be denied if the trial court finds that the petition is untimely or that the issue has previously been addressed. You should speak with Fairlie & Lippy, P.C. about the odds of success in your case. If you are unsure if you should file a PCRA, our attorneys will conduct a review of your case to determine if a PCRA is appropriate.
How Long Does the Process Take?
In Pennsylvania, the timeline for a decision on a PCRA varies widely. Some PCRAs are decided within a matter of months, while others can take more than a year for a decision from the trial court. The widely varied timeline is because some PCRAs are dismissed without a hearing, while others require one or more evidentiary hearings and/or the filing of multiple Amended PCRA petitions. The time frame usually depends upon the complexity of the issues involved.
What are the Advantages of a Filing a PCRA?
Filing a PCRA will give you the opportunity to challenge the basis for your conviction. For example, you can raise claims of ineffective assistance of counsel and challenges to the legality of your sentence or to the jurisdiction of the court to hear your case. A number of outcomes can result from a successful PCRA. These can include a new trial, discharge, reinstatement of direct appeal rights or post sentence rights, or correction of an illegal sentence.
What are the Advantages of Having an Attorney Handle My PCRA?
PCRA petitions have very strict timelines which go to the jurisdiction of the court to hear the case. Failure to follow the timelines will result in a dismissal of the PCRA Petition. Furthermore, PCRA petitions have specific pleading rules and are limited to only very specific issues. If the issues are not properly plead or raised, they may be waived. If an issue is not properly raised in a PCRA petition, it may be waived forever. Our attorneys are knowledgeable about the procedural rules and requirements for PCRA petitions and will make sure that your PCRA petition is timely filed and that it properly raises all potential issues. PCRAs often involve complex legal issues and evidentiary hearings which our attorneys are experienced with handling.
