Lawyer Mistakes and Post Conviction Relief (PCR)

Lawyer mistakes happen. And sometimes the results can be a verdict that did not include the wisdom of competent legal counsel. Post-conviction relief (PCR) is a type of petition to the Court that challenges mistakes made by your lawyer while representing you. In New Jersey, this Motion is raised in front of the same Judge that heard your case before whom lawyer mistakes may have occurred. In many instances, the same prosecutor that represented the State when you were convicted (or pled guilty) will be representing the State. If you are successful in establishing that there were lawyer mistakes, or a single mistake made by your lawyer, the Judge will hold ‘evidentiary hearings’ where your past lawyer and any other witness will be called to testify as to what occurred. If the Judge finds that there was not only a mistake, but that it was something no ‘reasonable’ attorney would do, then the Judge will grant your petition for post conviction relief (PCR) and put your case back on the trial list. The case is rarely dismissed, although you can sometimes work out an advantageous plea once the prosecution sees that the Judge will be granting the relief.

If you feel you received poor legal defense to the extent that a verdict was wrongly brought forth, contact my office by phone at no charge to determine whether our advice would be to pursue post conviction (PCR) relief.

SPECIALIZING IN CRIMINAL DEFENSE THROUGHOUT NEW JERSEY
Howard W. Bailey, Esq.
24 Commerce Street, Suite 1000
Newark, NJ 07102
973-982-1200

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