New Jersey Post-Conviction Relief Attorney

At Putterman Legal, our New Jersey post-conviction relief lawyer is skilled, experienced, and devoted to fighting for lasting justice. A conviction is difficult to deal with, especially if it is wrongful or otherwise illegitimate. Our firm can help you go through the full range of relief options. If you have any questions about your rights, we are here as a legal resource. If you have any questions, please do not hesitate to contact us today.

What is Post-Conviction Relief?

Post-Conviction Relief (PCR) is a legal proceeding that allows people convicted of crimes in the state to challenge their conviction or sentence after appeals have been exhausted. PCR petitions are governed by New Jersey Court Rule 3:22. To be clear, it is not an appeal. Unlike an appeal, which reviews errors on the trial record, a petition for relief allows a person to raise claims that could not have been addressed previously. If the defendant’s timely request is successful, a remedy may include a new trial, the modification of the sentence, or, in some cases, the outright vacating of the conviction.

This process differs from a direct appeal because it addresses issues outside the original trial record. A direct appeal reviews what happened during the trial, while relief focuses on constitutional problems or attorney performance. The court examines whether the defendant suffered a significant denial of their rights.

Know the Grounds for Relief

There are several different grounds on which a person can petition for relief. These fall into five general categories recognized by court rules. Depending on the circumstances of your case, you may have a petition based on:

Ineffective Assistance of Counsel

As a defendant, you have the right to argue that your original lawyer failed to provide competent representation. Some examples include failure to investigate, failure to call witnesses, or failure to file necessary motions. When your trial counsel makes serious mistakes, you may have suffered a substantial deprivation of your rights. If your attorney failed to perform basic duties like conducting an investigation or challenging evidence, this could be grounds for relief.

Constitutional Violations

If a conviction or sentence was obtained in violation of state or federal constitutional rights, relief may be granted. It includes unlawful confessions, denial of the right to confront witnesses, or due process violations. The federal constitution protects defendants from certain types of government misconduct. Prosecutorial misconduct, violations of constitutional rights, and other serious errors can support a petition.

New Evidence

Evidence discovered after trial that could not have been reasonably obtained earlier may form the basis for relief. To qualify, the evidence must be material, credible, and capable of changing the outcome. This new evidence must be something that was not previously resolved or available during the trial.

Illegal Sentence

Finally, a defendant may challenge sentences that exceed statutory limits or violate sentencing law. If the sentence imposed exceeded what was legally allowed, or if the trial court lacked jurisdiction to impose certain penalties, the court may correct or reduce unlawful sentences through relief. Sentences authorized by law must fall within specific ranges.

Understanding the Time Limits and Process

The state imposes strict deadlines for PCR petitions. It is very much a time-sensitive process. If you wait too long to take action, you may miss out on your opportunity to get justice. As a general rule, a post-conviction relief petition must be filed within five years of the conviction or sentence, unless the delay is excused for exceptional circumstances. This five-year time limit is strict, but excusable neglect or other factors may extend it.

Courts require a showing of both a valid claim and a reason for any delay beyond the deadline. Excusable neglect might include situations where evidence was hidden or where the attorney failed to inform you of your rights. Because relief is often the last chance to challenge a conviction, timely action matters. Consult with a top-rated conviction relief attorney as soon as possible.

The appeals process happens before relief proceedings. Once your direct appeal is complete, you can then pursue other options. A municipal court decision may also be challenged through different proceedings.

Common Legal Remedies and Alternative Options

Relief options vary depending on your situation. Beyond standard PCR proceedings, there are other remedies available. Habeas corpus is a common law remedy that challenges unlawful detention. This ground, previously recognized by courts, allows people convicted of crimes to challenge their confinement on constitutional grounds.

If you entered a guilty plea, you may still have options. A guilty plea can be challenged if it was not knowing and voluntary. Issues at the plea hearing, problems with the guilty plea process, or if the trial court lacked jurisdiction can all support a petition. When wrongfully convicted defendants discover they entered a plea based on bad advice from counsel, they have grounds to challenge the judgment.

Pre-trial issues, problems during the criminal proceeding, and other grounds may also support relief. Our law office examines every aspect of your case to find the best path forward.

Bonnie Putterman is a Post-Conviction Relief Lawyer

Post-conviction relief may be available in New Jersey. With that being said, these are highly technical, specialized cases. You need a lawyer who knows the law. Our founding attorney, Bonnie Putterman, has the experience to handle the full range of post-conviction relief cases. Our client testimonials tell the story best. Among other things, our New Jersey criminal law attorney will: 

• Conduct a comprehensive, confidential assessment of your case; 
• Help you understand your options for post-conviction relief; 
• Carefully investigate your post-conviction relief case; and
• Develop a personalized strategy focused on getting the best results. 

Post-Conviction Relief in New Jersey: Frequently Asked Questions (FAQs)

Contact Our New Jersey Post-Conviction Relief Attorney Today

At Putterman Legal, our criminal defense attorney handles all types of relief matters. Our law office serves clients throughout the state. If you have any questions about your rights, we are more than ready to help. Contact us today at (609) 625-8383 to arrange your completely confidential initial consultation. We handle relief matters throughout the State.