PCRA Attorney in State College, PA

The Pennsylvania Post-Conviction Relief Act allows people who have been convicted of a crime to ask the court to review their conviction or sentence after losing on appeal. To do this, they file a PCRA petition in the same Court of Common Pleas where they were convicted. This process is different from a direct appeal.

Decker Bradburn represents clients throughout every stage of the criminal defense process in Centre County and the surrounding region, including on PCRA petitions in both felony and misdemeanor matters.

Who Is Eligible to File a PCRA Petition

To file a PCRA petition in Pennsylvania, a person must have been convicted of a crime in Pennsylvania. They must also be serving time in jail, on probation, or on parole for that conviction. Someone may also qualify if they are waiting for a death sentence to be carried out, or if finishing a sentence on another case before the disputed sentence starts. People who have finished their sentence usually cannot get PCRA help.

Grounds for PCRA Relief

PCRA petitions can be filed only for certain legal reasons. You can’t file just because you dislike the verdict or the sentence. The main reasons allowed in Pennsylvania are:

• A constitutional violation of the Pennsylvania or United States Constitution that so undermined the truth-determining process that no reliable adjudication of guilt or innocence could have taken place. This includes violations of due process and unlawful sentencing.
• Ineffective assistance of counsel, where prior legal representation at trial, sentencing, or on direct appeal was deficient and that deficiency affected the outcome of the case. This is the most raised ground in PCRA proceedings.
• An unlawfully induced guilty plea, where the circumstances suggest the defendant was induced to plead guilty and is innocent of the charges.
• Obstruction by government officials that prevented a direct appeal from being properly litigated.
• After-discovered evidence that was not available at the time of trial through the exercise of reasonable diligence, and that would likely have changed the outcome.
• An illegal sentence, meaning a sentence that exceeds the statutory maximum for the offense or is otherwise unauthorized by law.
• Lack of subject matter jurisdiction in the court that entered the conviction.

Filing Deadlines

A PCRA petition must be filed within one year of the judgment or sentence becoming final. If no direct appeal is filed, the judgment becomes final 30 days after sentencing. If a direct appeal is filed but the defendant does not seek Pennsylvania Supreme Court review, the judgment becomes final 30 days after the Superior Court’s decision. If the Pennsylvania Supreme Court reviews the case, the judgment becomes final 90 days after that court’s decision. If the United States Supreme Court is petitioned, finality is determined by that court’s order.

There are three rare reasons the one-year time limit can be broken:

• A newly recognized constitutional right that applies retroactively
• The facts upon which the claim is predicated were unknown to you
• Government interference that prevented timely filing

Pennsylvania courts are very strict about these exceptions, and if you try to use one without a strong legal reason, it is risky and might not work.

What Happens After a Petition Is Filed

After a PCRA petition is filed, the court conducts a preliminary review. This review decides whether the petition presents claims that require a hearing. If the court finds no merit, it issues a notice of dismissal without a hearing, and the petitioner has 20 days to respond. If a hearing is granted, both sides can present witnesses and evidence. A successful petition can result in a new trial, a modified sentence, or, in some cases, the dismissal of charges.

If a PCRA petition is denied, you can appeal to the Pennsylvania Superior Court, but you must file your appeal within 30 days of the denial.

Contact Our Criminal Defense Team at Decker Bradburn

PCRA proceedings have strict rules and tough standards. Missing a deadline or not listing a claim in your petition can mean you lose your right to challenge your conviction forever. Decker Bradburn helps clients with PCRA petitions in State College, Centre County, and nearby areas. Call 814-308-8895 or contact us online to talk about your case.