As PCR is often the last opportunity to end an innocent person’s incarceration, it requires a skilled attorney with experience in this area. Allow the Law Office of Mo Abusaft to help you.
Post-Conviction Relief, or PCR, is usually the last attempt by a convicted defendant to attack his or her sentence. PCR occurs after direct appeal and issues that can be challenged on direct appeal cannot be attacked on PCR.
PCR is the first time a convicted defendant can ask the court to overturn his conviction because his attorney did not properly represent him or what is legally called ineffective assistance of counsel. In South Carolina, PCR’s are overwhelmingly based on ineffective assistance of counsel.
Below are the areas where a conviction can be attacked on PCR:
Any Person Who Has Been Convicted of, or Sentenced for, a Crime and Who Claims:
Conviction or Sentence Violates U.S. or S.C. Constitution or Laws of this State e.g., All Claims of Ineffective Assistance of Counsel
Court Was Without Jurisdiction to Impose Sentence
Sentence Exceeds the Maximum Authorized by Law
That There Exists Evidence of Material Facts, not Previously Presented and Heard, that Requires Vacation of the Conviction or Sentence in the Interest of Justice
Sentence Has Expired; or Probation, Parole, or Conditional Release Has Been Unlawfully Revoked
“Catch-All” See generally S.C. Code Ann. § 17-27-20, which allows the provisions of the Act to be invoked only by one claiming the right to have a sentence vacated, set aside, or corrected. Lance v. State, 279 S.C. 144, 303 S.E.2d 100 (1983).