What Is a PCRA Petition?
A PCRA petition is a petition that challenges the imprisonment of the petitioner. By filing a PCRA Petition, you are requesting a higher-level court to order a lower-level court, government agency, or government official to bring you before the court to argue the issues you allege in your petition.
Within a PCRA Petition, you petition the court to review the circumstances that led to your imprisonment and, when appropriate, alter those circumstances. When the court approves your petition, the law enforcement agency that is in charge of your detention must prove that your incarceration is lawful and valid. The government must also prove the conditions of your incarceration are appropriate and do not violate human or civil rights.
A PCRA Petition challenges the legality of your incarceration. It seeks to find radical defects in your imprisonment and render a judgment or proceeding completely void. If the legal basis for incarceration is found to be invalid, then a judge must order your release from confinement.
A PCRA Petition is an Alternative Remedy
A PCRA Petition is not available when other adequate remedies, such as a direct appeal, are available. Generally, a PCRA Petition will not be granted if there are other remedies available. It is only available to remedy a radical defect in a court’s decision.
The Pennsylvania Court Rules state that a PCRA Petition may not be granted on grounds that could have been raised on appeal or in other motions, such as the 6.500 Motion (Motion for Relief from Judgment). However, the petition may be granted if the defendant demonstrates good cause for the failure to bring those arguments through other methods and there is actual prejudice to the defendant.
PCRA Petition is a Civil Proceeding
In Pennsylvania, PCRA petition is a civil proceeding, rather than criminal. A PCRA petition may be obtained through a motion in a pending civil action. Since it is not a criminal prosecution within the Sixth Amendment to the Constitution, the petitioner does not have an automatic right to appointment of legal counsel if they cannot afford a private PCRA petition lawyer.
Deadline to File a PCRA Petition
While there is no specific deadline to file a PCRA Petition in Pennsylvania, it should be done as soon as possible after you have exhausted other remedies. If there is a significant delay, the court may view the extent of time in a negative manner.
The best way to handle this situation is to consult with a Pennsylvania PCRA petition lawyer as soon as possible. Experienced appellate attorneys are ready to evaluate your case and explain your rights. Contact SPCRC's Recommended Pennsylvania Lawyers today.
- What Is a PCRA Petition?
- When You Should Consider a PCRA Petition
- What Can a Pennsylvania PCRA Petition?
- Potential Arguments That Can Get Your Petition Granted
- A PCRA Petition Attorney Can Help You Win Your Case
When You Should Consider a PCRA Petition
A PCRA Petition is appropriate for anyone who is wrongfully incarcerated or otherwise restrained of their liberties. Confinement in prison is not necessary. A petition is available to anyone who is unlawfully restrained by private organizations (such as a mental institution) and public authorities, including the military. This includes people restricted by parole.
You should consider filing a PCRA Petition when:
- You are unlawfully imprisoned
- Your detention is unlawfully prolonged
- The law enforcement agency refuses to provide a bond hearing
- You were unlawfully denied bail bond
- You are suffering unlawful conditions during incarceration, such as inadequate shelter, sustenance, or medical care
Generally, to obtain PCRA petition relief, a defendant must:
- Be in custody
- Be entitled to immediate release if the petition is successful
- Have no other legal procedure to get the relief requested
The grounds for a petition are not defined by statute but are established under Pennsylvania law. Because the purpose of the petition is to gain the release of an unlawfully detained person, the reasons that justify the petition are narrowly defined. These reasons are discussed below in the Arguments that Justify the Defendant's Immediate Release section.
To find out if there are grounds for a PCRA Petition in your case, contact SPCRC's Recommended Pennsylvania Lawyers.
- What Is a PCRA Petition?
- When You Should Consider a PCRA Petition
- What Can a Pennsylvania PCRA Petition?
- Potential Arguments That Can Get Your Petition Granted
- A PCRA Petition Attorney Can Help You Win Your Case
What Can a Pennsylvania PCRA Petition?
A PCRA Petition can correct wrongs that occurred at trial or during incarceration. A successful PCRA Petition can:
- Order a law enforcement agency to release you from prison
- Define your rights and order a law enforcement agency and prison to respect those rights
- Order illegal conditions in prison to be corrected or cease
- Reduce the duration of your imprisonment
- What Is a PCRA Petition?
- When You Should Consider a PCRA Petition
- What Can a Pennsylvania PCRA Petition Do?
- Potential Arguments That Can Get Your Petition Granted
- A PCRA Petition Attorney Can Help You Win Your Case
Potential Arguments That Can Get Your Petition Granted
There are many arguments that can be used to get your PCRA Petition granted. In most cases, multiple arguments will be used to achieve success. These arguments will be based on errors that occurred before, during, and after your trial and incarceration.
Some possible arguments you can make to support a PCRA Petition include:
- Law violates the U.S. Constitution
- Prison conditions violate your civil rights
- Lack of grand jury indictment
- Violation of due process
- Lack of speedy and public trial
- Inability to confront witnesses against you
- Ineffective assistance of counsel
- Prosecutorial misconduct
- Jury misconduct
- Judicial misconduct
- Newly discovered evidence
- Actual innocence
- Legal incompetence
- What Is a PCRA Petition?
- When You Should Consider a PCRA Petition
- What Can a Pennsylvania PCRA Petition Do?
- Potential Arguments That Can Get Your Petition Granted
- A PCRA Petition Attorney Can Help You Win Your Case
A PCRA Petition Attorney Can Help You Win Your Case
Award-winning PCRA petition attorneys who are former prosecutors and criminal defense lawyers know both sides of the criminal justice system. Experienced legal teams can discuss your options and determine if you are eligible to file a PCRA Petition. After reviewing your records, skilled attorneys will develop targeted strategies to fight for you to win.
The steps experienced appellate attorneys take to win a PCRA Petition include:
- Analyzing the Court Record for Errors: Skilled attorneys will dive deep into court records and trial transcripts to determine if your rights have been violated. This information will be used to support arguments in your case.
- Developing Legal Arguments: With vast knowledge of Pennsylvania and federal law, PCRA petition lawyers formulate every possible argument in your case. They discover things that others may overlook.
- Striving to Obtain Your Release from Prison: One of the goals when filing a PCRA Petition is to get you released from prison. Experienced attorneys want you to be home with your loved ones.
A successful PCRA Petition requires experience with the law and the legal system. Award-winning Pennsylvania lawyers are consistently recognized as some of the best in this area of law.
To discuss your case, contact SPCRC's Recommended Pennsylvania Lawyers.