Required Documents For Your Post-Conviction Relief Case

You committed a crime. After your conviction, you were sentenced. You may, or may not, have filed and lost a direct appeal. But you don’t feel, beyond a reasonable doubt, the state proved its case. Or, you may simply know you’re not guilty! What next?

You’ll want to file a post-conviction relief case petition. You may also hear this referred to as a PCR. However, if the laws and rules aren’t followed strictly, you have little chance of success. To make matters worse, a PCR is one of the hardest criminal procedures to understand and interpret. That’s why you need a competent attorney who will, before PCR filing, expertly review/prepare your case.

Here, we’ll take a look at what kind of PCR case documents you will need and why they’re essential.

Charging Information

Charging information – and any related documents and/or filings – will be needed. This consists of the crime list document (with which you were charged), and each crime element that the state must, beyond a reasonable doubt, be able to prove.

Included in this information will be the Probable Cause Affidavit.

Discovery

Photos and other information related to your case are included in the legal term “discovery”. Both sides, prior to trial, exchange relevant information regarding your criminal charge. Though not limited to the following, discovery can include…

  • Video or audio recordings (either after or during the crime)
  • Police reports
  • Witness statements, and more

Pretrial Orders and Motions

This third set of materials covers a wide array of topics. For instance, your lawyer may have filed a “Motion to Suppress” because, prior to being arrested, you made some type of statement.

It is essential that, to all resulting orders and pretrial motions, your PCR attorney has access. Only then can they adequately review and prepare your case.

The Record

This does not, as one might assume, refer to your criminal record. It is, instead, the “memory” of your trial in an official capacity. By the court reporter, word for word, every criminal trial is recorded. This assures that,  so it can be preserved for the future, any evidence presented remains intact.

After Trial

Finally, what happens after the trial and the materials related to it will be needed. Sentencing isn’t always the absolute end of a criminal case. A motion to reconsider may be filed with the court by the defense. Something that happened at the trial may be challenged. Sentencing may even be in question.

If, following your conviction, you filed an appeal, all appeal-related documents that were filed will need to be accessed by your new PCR attorney, as well.

Your Attorney And the Above-Stated Documents

In order to pursue a PCR case expertly and (hopefully) successfully, your attorney will need all of the information specified above. If even the smallest article is missing, it could have a detrimental effect on your case and its outcome.

If You’re Threatened with Conviction, Get Good Legal Representation!

Do you have concerns or comments about your criminal charge? If so, rest assured, Carcich O’Shea will listen. We sincerely believe that people deserve and need to be heard. We also believe in the rights of each individual and that they should be expertly represented in court.Our office is in Hackensack, New Jersey, but feel free to give us a quick call at 201-988-1308. Let’s talk about the potential charges against you, what you’ve been convicted of, or other legal matters that concern you. Alternatively, you can also reach us by email.

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