New Jersey Post-Conviction Relief Attorney
Sometimes there are mistakes in the way a lawyer handles a criminal case for a client. Some of these mistakes are so bad, that they constitute ‘ineffective assistance of counsel’. When this happens, an application for Post-Conviction Relief can be made to the Court to correct the mistake. If you are successful, the Court will usually reverse what happened and put your case back to the point where you were before the mistake happened. The petition is usually heard by the same Judge that handled your case the first time your case was in Court. You may be eligible for post-conviction relief if counsel missed a filing deadline. Or if your lawyer made a procedural mistake. Perhaps there was deportation issue at stake that wasn’t raised in a plea. Lawyers are human, and mistakes happen. Contact my office if you feel you may be eligible for post conviction relief due to a lawyer mistake.
Contact Howard Bailey at 973-982-1200 for a free consultation to discuss what your options are for this type of relief.
Grounds for a Court to Grant You PCR Relief
Howard Bailey has handled numerous Post-Conviction Relief petitions for clients before both the N.J. Superior Court, and in Municipal Courts throughout New Jersey. In a recent case in Morris County (NJ) Superior Court, he was able to convince the Judge that the client’s former lawyer had failed to advise the client that the plea had automatic deportation consequences, by providing misinformation to the client. As a result of the Judge granting the client’s petition, the Prosecutor offered the client a plea agreement to a very reduced charge that had no deportation consequences. The client accepted, and still resides here in NJ.
Post Conviction Relief Filing Deadlines
A PCR petition must be filed within 5-years of the plea or sentencing that is the basis for the application. If you are past the five-year period, you can still file for relief, but before the Judge will allow you to argue the grounds for relief, you will have to establish that there was ‘excusable neglect’ for you not having filed the petition in time. If you can meet this standard, then you get to argue why you deserve to have the case re-started. Mr. Bailey has successfully argued cases which were filed after the 5-year deadline and gotten the Court to rule that ‘excusable neglect’ existed. He was then able to argue the merits of the case to get his client post-conviction relief.
Ineffective Assistance of Counsel
If you believe your case was not handled properly, do not wait until it’s too late to get an experienced criminal defense lawyer to review your case to see if you have a basis to get a PCR granted. Call 973-982-1200 to discuss what happened in your case and whether you have a possible ground to get your conviction overturned.