Charleston Post Conviction Relief Hearings Lawyer
Post Conviction Relief Hearing Info
A Post Conviction Relief 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 Post Conviction Relief are ineffective assistance of counsel and as a matter of law. Ineffective assistance of counsel is where the defendant's attorney probably did or did not do something that was critical to the defendant's case. This essentially means 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 Post Conviction Relief.
I offer free consultations and 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 an experienced Charleston criminal lawyer who handles post conviction relief hearings please contact me, Joe Cadmus, today.