If you or a loved on has been convicted in Pennsylvania state courts, and the conviction has been upheld on appeal, the Pennsylvania Post-Conviction Relief Act provides you an opportunity to demonstrate that your conviction was obtained in violation of your constitutional rights. Attorney Cooper has successfully litigated PCRA cases, in Pennsylvania, including overturning a murder verdict. One of the primary areas that is addressed in a PCRA Petition is ineffective assistance of counsel. To prove such a claim, you must show both that your prior attorney's performance was substandard, and that their mistakes or omissions caused the outcome of your case to be different than it would have been otherwise.
Proving a claim of ineffective assistance is difficult. It is frequently made all the more difficult because some lawyers have a distaste for going after other members of their profession, and therefore won't press prior counsel on their mistakes. Attorney Cooper will not hesitate to attack the conduct of prior counsel in order to prove your ineffective assistance claims. When you or your loved one are facing years of incarceration, now is not the time for pulling punches, or allowing your prior attorney to save face. Conversely, your rights may have been violated by the prosecutor or law enforcement rather than by your defense attorney. This frequently takes the form of the withholding of exculpatory evidence: evidence that is helpful to the defendant. Prosecutorial misconduct takes many forms, and it is important to consider every ground for relief. Call him today to discuss your case and assert your rights. Remember, in most circumstances, you must file your PCRA petition within one year of the conclusion of the direct appellate process.
Another way to use the PCRA process is to assert a claim of newly-discovered evidence, or a favorable change in the law. If new information that suggests innocence has come to light in your case, it is vital to act as soon as possible.