Obtaining Post-Conviction Relief in South Carolina
Every one accused of a crime in South Carolina has a right to a jury trial. Unfortunately, even with the best alibi and corroborating witnesses, you may still be found guilty due to circumstances which blatently violate your constitutional rights.
Even after you are convicted of a crime in South Carolina, you have certain rights and can appeal your conviction if you act quickly.
Post-Conviction Relief or PCR Action is a case against the Federal Government for violating one of your Constitutional Rights, usually your right to effective assistance of Counsel.
PCRs, as they are commonly known, must be filed within one year of the date of your conviction, or within one year of the conclusion of your appeal, whichever is later, except in very limited circumstances.
Common reasons for a PCR 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
- your defense attorney failed to properly investigate the case or call corroborating witnesses
The most common basis 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
The criminal defense attorneys at the Strom Law Firm, LLC understands the criminal justice system and provides aggressive PCR representation to protect your rights. Contact us today for a free consultation as to whether you may be entitled to PCR and to see how we can help. We offer flexible payment options and accept Visa and Mastercard.