You pleaded guilty—for whatever reason—and now you have regrets. 

You were wrongly convicted and are fighting to let the world know. 

You lost your legal case, but know that justice still hasn't been restored. 

These are all examples of situations in which a petition for post-conviction relief can be filed. Often referred to as a PCRA petition, this is an avenue open to certain individuals who have been convicted of a crime and wish to appeal some aspect of their conviction or sentencing.  

If you know this is a process that would benefit you, contact the LLF Law Firm Criminal Defense Team right away to get the process started. Call 888.535.3686 or by filling out this contact form. Need more information? Read on. 

What Is A PCRA Petition, and When Is It Used? 

Petitioning the Court under a statute called the Post-Conviction Relief Act, often abbreviated as PCRA, is an indirect method of appealing a verdict, a lengthy sentence, or other judgments made in the state's lower courts. It's an alternative to direct appeals, which occur through the Court of Common Pleas. In fact, it can be filed when such an appeal—to either the Pennsylvania Superior Court or Pennsylvania Supreme Court—has been denied. 

Who Is Eligible To File A PCRA Petition? 

In order to take this step toward restoring justice, the potential petitioner must have been convicted of a crime under the laws of the Commonwealth. You must be serving a prison or probationary sentence, awaiting the execution of a sentence of death for a crime, or seeking relief that is related to post-conviction DNA testing. 

Additionally, there are other conditions that determine eligibility to file a PCRA petition. 

What Conditions Must Exist To File A PCRA Petition? 

Firstly, the issue at hand must not have been previously litigated; in other words, it's a new development or a matter that hasn't been brought up during your earlier legal proceedings. This could look like: 

• Ineffective assistance of counsel during the trial 
• A conviction stemming from a guilty plea that was induced or likely false 
• A conviction that violates either the state or the federal Constitution 
• A sentence that exceeded the maximum penalty for the crime(s). 
• The emergence of new evidence that, if presented to the Court, might alter the verdict 

Naturally, each of these categories contains its own extensive conditions that must be fulfilled. 

Is There A Time Limit? 

Yes. In Pennsylvania, a judgment becomes final one year after the verdict or upon the defendant losing their right to appeal. This means that there's a strict one-year deadline for filing a PCRA.  
 
These are the only exceptions to this time requirement:  

(i) the failure to raise a claim previously was the result of interference by government officials with the presentation of the claim in violation of the Constitution or the law of this Commonwealth or the Constitution or law of the United States; 

(ii) the facts upon which the claim is predicated were unknown to the petitioner and could not have been ascertained by the exercise of due diligence or 

(iii) the right asserted is a Constitutional right that was recognized by the Supreme Court of Pennsylvania after the time period provided in this section and has been held by that Court to apply retroactively. [42 Pa.C.S. § 9545(b)(1)(i)-(iii).] 

Should any of these exceptions apply to the defendant's situation, they may be granted a review of an untimely PCRA petition. The time limit for filing in these cases is 60 days from the qualifying event.  

What Happens After I File? 

A PCRA hearing will be scheduled. The hearing will be similar to a trial, with some notable exceptions. For example, a judge will preside and decide without the assistance of a jury.  

In the meantime, your attorneys will be hard at work reviewing the evidence and circumstances of your case and sentence, compiling any new or additional evidence, and developing the strongest possible argument. 

The best possible outcome is that the judge will throw out your previous conviction and order a new trial. If the petition is denied, however, there may still be recourse available through the appeals process; at that point, you and your lawyer will regroup and determine the next steps together. 

What Are My Chances of Obtaining the Relief I Seek?  

It's difficult, if not downright impossible, to predict the outcome of any one particular PCRA petition. We've barely skimmed the surface of this complicated legal topic, but you can probably already tell that no two cases eligible for a PCRA will ever be alike. 

Of course, you can greatly improve your chances of successfully petitioning the Court by retaining the most experienced, knowledgeable, and dedicated legal team: the LLF Law Firm Criminal Defense Team.  

Call 888.535.3686 or click here immediately to begin the process. With that one-year deadline for your PCRA petition to be filed, there's no time to waste.