New Jersey Post-Conviction Relief (PCR)
Not every case that results in wrongful conviction results from judicial error or prosecutorial misconduct. Judges and lawyers are human, including defense counsel. If your attorney made a critical mistake or generally didn’t understand your defense, you may have to question his competence in a hearing other than an appeal in the traditional sense.
How Appellate Courts Review Cases
Because traditional appeals ask appellate courts to “review the proceedings below,” lawyers are limited in what they can argue and how those arguments can be presented. Frequently, a transcript shows us the silence of what was not done by the lawyer.
What Is Necessary For Success in Post-Conviction Relief (PCR) Matters?
In order to make a record of gross negligence or misconduct, you’ll need to file a petition explaining the problem and asking for a chance to call witnesses and present evidence of neglect amounting to “ineffective assistance of counsel.” Generally speaking, you have five years from final judgment to file this petition.
This is not easy work. It involves lawyers offering opinions that other lawyers have failed to meet a basic standard of competence. Sometimes the issues are plain on their face such as failing to call credible alibi witnesses. Sometimes the issues are more subtle, requiring expert testimony from a veteran trial lawyer.
At Furlong and Krasny, we have been retained as experts in this challenging field. Whatever your needs, we can evaluate your case and recommend a course of action targeted at getting you the proper and just result at the most efficient cost. Contact our office in West Trenton, New Jersey. We serve clients across the state.