Post Conviction Relief: When a Conviction is Unjust.
Post-conviction relief is sometimes called conviction integrity because the procedure ensures that the conviction is just.
Post-conviction relief is the name of the legal process used to challenge a verdict or sentence in a criminal case following a conviction.
In post-conviction relief, the petitioner seeks to challenge the outcome of a case based on newly discovered evidence and, sometimes, because his or her trial or appellate attorney was ineffective. Post-conviction relief differs from an appeal. Usually, an appeal involves a review of the trial record only. In a post-conviction relief proceeding, the court examines matters outside of the existing trial record.
New Jersey Court Rule 3:22 states the grounds on which a PCR petition may be filed and the parameters of the litigation. R. 3:22.1 provides -
A petition for post-conviction relief is cognizable if based upon any of the following grounds:
Substantial denial in the conviction proceedings of defendant's rights under the Constitution of the United States or the Constitution or laws of the State of New Jersey;
Lack of jurisdiction of the court to impose the judgment rendered upon defendant's conviction;
Imposition of sentence in excess of or otherwise not in accordance with the sentence authorized by law if raised together with other grounds cognizable under paragraph (a), (b), or (d) of this rule. Otherwise, a claim alleging the imposition of sentence in excess of or otherwise not in accordance with the sentence authorized by law shall be filed pursuant to R. 3:21-10(b)(5).
Any ground heretofore available as a basis for collateral attack upon a conviction by habeas corpus or any other common-law or statutory remedy.
After all state-court appeals are exhausted, post-conviction relief affords New Jersey defendants an additional step in the criminal defense process to seek justice.
Typically, PCR’s allege trial and appellate level errors of constitutional dimension that were not or could not be raised during the appellate process. The most common ground for a petition is the claim that a defendant's attorneys were ineffective. Under the New Jersey Constitution and the United States Constitution, a defendant is entitled to effective legal assistance. An ineffective attorney failed to perform at the level mandated by our constitutions. Deficient performance by an attorney alone is not enough to overturn a conviction. The petitioner must also establish that he or she suffered prejudice because of the attorney’s incompetence. See, Strickland v. Washington, 466 U.S. 668 (1984). .
How Do I File for Post-Conviction Relief?
An individual seeking post-conviction relief must file the petition with the Criminal Division Manager (CDM) in the county where the conviction occurred. The request must include a certification or affidavit by the petitioner that states clearly the basis for its filing.
When Do I File for Post-Conviction Relief?
A PCR petition must be filed within five years of the entry of the judgment of conviction. In rare cases, the filing deadline can be extended for an additional year. Also, sometimes, a second PCR will be allowed if it alleges (i) a new rule of constitutional law that is applied retroactively or (ii) new evidence that could not have been discovered earlier.
What’s Federal Post-Conviction Relief?
Federal post-conviction relief is commonly called habeas corpus relief. If you were convicted in state court, federal aid requires you to seek relief in New Jersey before bringing a writ of habeas corpus. Federal relief also has different requirements for what claims can be heard by the federal district judge. The time bar rule is also different.
What Happens When I Hire an Attorney for My PCR?
When you hire an experienced post-conviction relief attorney like Ernest G. Ianetti, your case is handled as if starting from the beginning.
The case files are reviewed, and an investigation is conducted as if preparing for trial. Fresh eyes often uncover new evidence and avenues of defense previously overlooked.
Witnesses are interviewed to confirm original statements and document inconsistencies.
Experts are consulted to analyze DNA, fingerprints, and other physical evidence.
When the work is finished, a legal brief is prepared. The brief explains to the court why you should be granted post-conviction relief. After an opposing brief is filed by the State, there is a preliminary hearing for an oral argument based on the briefs and to respond to questions by the court.
If the court feels there is new evidence to consider, a plenary hearing will be scheduled. At this hearing, witnesses will testify and be cross-examined. If the petition alleges ineffective assistance of counsel, your former attorney will testify about the decisions he or she made while representing you.
Does My Case Qualify for Post-Conviction Relief?
Not all cases are eligible for post-conviction relief. Your claim must be presented within the time described above, and you must allege at least one of the four grounds outlined in R. 3:22.1. Your attorney is best qualified to advise you about your eligibility for post-conviction relief and the claims you can assert.
Ernest G. Ianetti, Esq. is an experienced post-conviction relief attorney. He serves as designated counsel to the Office of the Public Defender and has handled numerous PCRs involving homicides, sexual assaults, and other crimes for the OPD. If you are imprisoned for an unjust conviction, call for a FREE assessment of your case.
Ernest G. Ianetti, Esq., represents clients in Criminal Trials, Criminal Appeals, and Criminal Post Conviction Relief. Our office is conveniently located in the Rockaway Townesquare Mall complex. We represent clients from Morris County and surrounding areas, including Sussex County, Essex County, Union County, and Passaic County.
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