What is Post-Conviction Relief (PCR)?

In Municipal Court, Post-Conviction Relief (PCR) involves the filing of a petition in order to correct an injustice (Court Rule 7:10-2). The term post-conviction means after a judgment of conviction and sentence, which occurs after a trial or guilty plea. A petition for PCR challenges a judgment of conviction and sentence that was previously imposed by the same court. The PCR process is a different and separate process from the appeal process. A petition for PCR is not a substitute for an appeal. The appellate process seeks a review by a higher court, whereas the PCR process occurs in the same municipal court as the proceedings which gave rise to the conviction. Generally, a PCR petition alleges a denial of constitutional rights, there was no factual basis provided to the Court in order to support the plea, ineffective assistance of counsel, an illegal sentence was imposed, a lack of jurisdiction, or most commonly, the petition seeks to obtain relief from an enhanced custodial term based on a uncounseled prior conviction. In some circumstances, there are also motions that may be filed on a post-conviction basis, such as a motion for a new trial due to fraud, lack of jurisdiction, or newly discovered evidence (Court Rule 7:10-1) and/or a motion to withdraw or vacate a guilty plea in order to correct a manifest injustice (Court Rule 7:6-2). Importantly, there are specific time limitations and restrictions associated with the filing of certain types of petitions or motions.

PCR is a very important tool utilized by experienced defense attorneys in order reduce potential direct and collateral consequences for clients. Specifically, when clients are facing a 3rd DUI-DWI offense, skilled DUI-DWI lawyers will immediately investigate the prior DUI-DWI matters in order to determine whether the prior offenses can be challenged on a PCR basis. In the event a PCR petition is successful in connection with a prior DUI-DWI offense, then the prior uncounseled conviction may not be used to enhance the jail sentence associated with a 3rd offense. Accordingly, the client may not be subject to the mandatory jail term of 180 days. In certain circumstances, the client may not be subjected to any jail sentence at all.

The information above is a brief overview of PCR in Municipal Court. You should contact an experienced defense attorney who will explain all of your options and potential arguments based upon the specific circumstances of your case and work hard to reduce or avoid the potential penalties.