Obtaining Post Conviction Relief in South Carolina
Post Conviction Relief or PCR Action is when you file a suit against the State of South Carolina if they violated one (or more) of your Constitutional Rights. The right most violated is usually your right to effective assistance of Counsel. Any time you are accused of a crime in South Carolina and in the United States, you have a right to a jury trial, yet, even with a tight alibi and witness that corroborate your story, you can still be found guilty due to circumstances which have blatantly violated your Constitutional Rights.
If you have been accused of a crime, tried, and convicted in South Carolina, you still have certain rights and can even appeal your conviction if you act quickly enough and hire a South Carolina Criminal Defense Attorney who has a great deal of experience in this area.
PCR must be filed within a single year of your conviction, or within one year of the conclusion of your appeal… Except in certain, limited situations.
Common reasons for a Post Conviction Relief action include:
- After acquired evidence;
- Ineffective assistance of counsel;
- The court did not have subject matter jurisdiction;
- Misconduct by the prosecution including failure to turn over evidence; or
- Your defense attorney failed to properly investigate the case or call corroborating witnesses
As mentioned above, the most frequent cause for a PCR claim is ineffective assistance of counsel. To prove ineffective assistance of counsel, you must establish:
- That your trial attorney did not provide reasonably effective assistance under the prevailing standard and
- The attorney’s failure to provide reasonably effective assistance resulted in prejudice to your case
Please contact a criminal defense attorney as soon as possible. These attorneys understand the criminal justice system and can give you aggressive PCR representation to protect all of your rights.