Charleston Post Conviction Relief Hearings Lawyer
South Carolina Criminal Defense Attorney
A PCR application is filed by the applicant/defendant. The applicant/defendant files the application, either after pleading guilty or being found guilty in a criminal trial. The applicant/defendant would have had to have exhausted or not have filed a direct Criminal Appeal. This is a Civil Court cause of action.
Generally, the two main reasons for a PCR are ineffective assistance of counsel, and as a matter of law. Ineffective assistance of counsel is where the defendant's attorney either did or did not do something that was critical to the defendant's case. That the attorney's standard of representation fell below the standard of a reasonable attorney and the defendant was negatively affected by the attorney's ineffectiveness. Sometimes there are specific legal reasons which may entitle the applicant/defendant to file for PCR.
My office can review the plea and/or trial transcript to determine if the applicant/defendant has a valid cause of action. My office can assist the applicant/defendant in filing the application and arguing the issues before the Court. It is also important for the applicant/defendant to understand the ramifications of any successful PCR hearing.
To speak with a Charleston criminal lawyer who handles post conviction relief hearings please contact the law offices of Joseph E. Cadmus today.