PCRA/Habeas Corpus Lawyer in PA: Fighting for Your Rights
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Civil Appeals Firm in
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Petitions under Pennsylvania’s Post Conviction Relief Act (“PCRA”) or federal Habeas Corpus petitions (which are filed in federal court) are two ways to challenge a criminal conviction, and are often pursued after the first appeal in the Pennsylvania state courts is unsuccessful. These two kinds of actions require an appeals attorney familiar with the complicated areas of law that govern them. We have a wealth of experience with these kinds of proceedings, and stand ready, willing, and able to fight for your rights.
PCRA and Habeas Corpus Petitions
These kinds of actions involve very specific kinds of claims.
For example, if you believe your trial counsel was ineffective or if you have discovered new evidence that could have resulted in an acquittal, you may have the right to file a PCRA or federal habeas corpus petition.
If you believe that your constitutional rights were violated, you may have grounds for a PCRA or habeas corpus petition. If the Pennsylvania Supreme Court or United States Supreme Court recognizes a newly created right that you may have been denied, you should consider whether a PCRA petition or a federal habeas corpus petition is an option for you.
These are very complicated areas of law that Mr. Mosser has experience and success practicing in. There are strict deadlines for filing these kinds of actions, so you must act fast. Contact our experienced appellate attorneys today.
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If you’re looking for a Philadelphia criminal appeals attorney who can help you navigate a wrongful conviction or an appeals attorney who can guide you through a civil appeal, we can help.
Contact Mosser Legal today to schedule a free consultation and take the first step toward seeking justice and protecting your constitutional rights.
PCRA/Habeas Corpus Lawyer in Philadelphia — FAQs
What is the difference between a PCRA petition and a federal Habeas Corpus petition in Pennsylvania?
The Post Conviction Relief Act (PCRA) is a state-level mechanism filed in Pennsylvania state courts to challenge a criminal conviction, while a Habeas Corpus petition is filed in federal court. Habeas Corpus is often pursued after all state-level remedies, including the PCRA, have been exhausted.
What are the primary grounds for filing a PCRA petition in Pennsylvania?
The most common grounds for a PCRA petition involve claims of ineffective assistance of trial counsel or the discovery of new evidence that would likely have resulted in an acquittal. Other grounds include illegal sentencing or violations of constitutional rights.
How long do I have to file a PCRA petition in Pennsylvania before the strict deadlines expire?
There are strict deadlines for filing these kinds of actions, so you must act fast. Contact our experienced appellate attorneys today to understand the statutory deadlines and potential exceptions.
Can I file a PCRA petition if my direct appeal was unsuccessful in the Pennsylvania state courts?
Yes, PCRA petitions are specifically designed to challenge a criminal conviction after the first appeal in the Pennsylvania state courts is unsuccessful. It serves as a separate avenue for post-conviction relief. For details on related cases, see our Recent Cases.
What is considered a "newly created right" in the context of a PCRA or Habeas petition?
A “newly created right” refers to a new right recognized by the Pennsylvania Supreme Court or the United States Supreme Court that you may have been denied. If such a right is recognized, you should consider whether a PCRA petition or a federal habeas corpus petition is an option for you.
Why do I need a specialized PCRA/Habeas Corpus lawyer instead of a general criminal defense attorney?
PCRA and Habeas Corpus involve very complicated areas of law that require an attorney with specialized knowledge in appeals. Specialized appellate attorneys, like those at Mosser Legal, have a wealth of experience practicing successfully in these specific proceedings.
What types of post-conviction relief can a federal Habeas Corpus petition seek?
A federal Habeas Corpus petition seeks to challenge the legality of a person’s detention by asserting that their constitutional rights were violated during the state court process. This process can lead to the release of the petitioner or a new trial.
Does Mosser Legal handle appeals other than PCRA and Habeas Corpus?
Yes, Mosser Legal is a Civil Appeals Firm in Pennsylvania and handles a full range of Civil Appeals and other Criminal Appeals throughout the state.
I believe my trial counsel was ineffective. Is this a valid claim for seeking PCRA relief?
Yes, if you believe your trial counsel was ineffective, you may have the right to file a PCRA petition. This is a frequent and crucial issue addressed in post-conviction litigation.
Where does Mosser Legal provide appellate representation for criminal appeals in Pennsylvania?
Mosser Legal provides experienced appellate legal services in numerous areas across Pennsylvania, including Philadelphia, Pittsburgh, Allentown, Erie, and Harrisburg.
How can I contact appellate attorney Todd M. Mosser to discuss my potential PCRA case?
You can contact Mosser Legal to schedule a free consultation by calling 445-221-2070 or visiting the Contact page. Todd M. Mosser’s professional credentials, including his time as a Former Appellate Prosecutor, are available on his Super Lawyers Profile.
What should I do first if I suspect a wrongful conviction in Pennsylvania?
If you are seeking justice for a wrongful conviction, you should immediately contact a specialized attorney to determine if a PCRA or federal Habeas Corpus petition is the appropriate route for post-conviction relief and to meet the strict filing deadlines. You can Schedule a Free Consultation to take the first step.
Does communication with Mosser Legal through their website create a lawyer-client relationship?
No, the disclaimer states that the transmission of information via the Internet or e-mail through the website does not constitute or create a lawyer-client relationship. A relationship is established only when the firm agrees to act as your legal counsel and you have executed a written engagement agreement.
