Post-Conviction Relief (PCR)

Post-Conviction Relief — A Final Opportunity to Challenge a Conviction

Criminal Defense Law Firm can Help Show Your Trial was Unfair — a New Trial May Be Possible

Defendants who can show their trial was unfair due to certain circumstances may be able to have their conviction overturned in Post-Conviction Relief.  

Post-conviction relief, also known as PCR, is one of the last means of overturning a conviction available to a defendant. However, it is only available under certain conditions and an experienced criminal defense attorney is needed to ensure the defendant makes a solid case.

To apply for post-conviction relief, the defendant must:

  1. Have no more opportunities for a direct appeal and any direct appeal is concluded.
  2. Be able to show their rights were violated in the original trial or appeal. Examples include:
    • Incompetence of the original defense attorney resulted in prejudice against the defendant.
    • Ineffective assistance of appellate counsel.
    • Prosecutorial misconduct, such as withholding evidence that would have proved the defendant’s innocence
    • New evidence likely to exonerate the defendant.
    • Certain other circumstances as defined by South Carolina law.
  3. Apply for PCR within one year from the date of conviction or conclusion of direct appeal.

Criminal defense attorney Charles Grose is experienced in representing defendants who apply for post-conviction relief and has obtained favorable rulings in this arena. If you think you may have cause to apply for post-conviction relief, contact the Grose Law Firm today at 864-538-4466 and schedule a consultation.

What Benefits Can I Get from Post-Conviction Relief?

If successful in proving that the original trial was unfair and a violation of his or her rights has occurred, a defendant seeking post-conviction relief can expect to have the conviction overturned and remanded back to circuit court for a new trial. This allows the defendant and his or her attorney an opportunity to try the case under fair conditions with a new jury. Each side must present all testimony, evidence and arguments again but without the problem that caused an unfair trial in the first place. Often this can result in a different verdict, reduced charges or a reduced sentence.

If you believe an error resulted in an unfair conviction or sentence in South Carolina, call our office at 864-538-4466 to schedule a consultation.