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Post Conviction Relief
(PCR)
Post Conviction Relief, often
called PCR, is re-opening your previous case. After you were
convicted for DWI, if you want to re-open your case, you have
this option. However, PCR is not available or indicated for all
cases. You should have good legal reasons or issues why you need
to re-open your case. There are sometimes strategic reasons to
do PCR on DWI cases. If you have prior convictions, contact the
New Jersey DWI attorney Bartholomew Baffuto, Esq. to explore
your chances to re-open your previous DWI case and possibly to
reverse your DWI conviction.
PCR is a two-stage process. First, you need to request to re-open
your case and be approved. PCR is not available in every case.
Second, if your case is approved, you will have to try the case.
If your attorney successfully defends your DWI case, you may
be able to reverse your prior conviction. A five-year time limitation
usually applies to most cases. That means you can usually request
a PCR for cases that are up to five (5) years old. You count
5 years from the date that you got convicted not when you were
arrested. In some cases, courts may allow a hearing on a PCR
for a case older than five (5) years. PCR can take some time
for any DWI attorney to evaluate each individual case. If you
are interested in PCR, you should plan ahead. You will need all
documents about your previous case including the sentencing sheet.
If you are interested, gather all documents about your case.
If you do not have them, contact your previous attorney and ask
him or her to send them to you. I can request prior documents
for you, but it will take time for the court to retrieve and
send those.
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1The figure is as of May 29, 2007. Win rate
is defined as the number of clients not convicted for DWI divided
by the total number of clients who were charged with DWI. The
clients are those who retained this office after 2005. Each case
varies. Under any circumstance, we do NOT guarantee a successful
outcome in any individual case.
2The figure is as of May 29, 2007. Win rate is defined as the
number of clients not convicted for No Automobile Liability Insurance
divided by the total number of clients who were charged with
said charge. The clients are those who retained this office after
2000. Each case varies. Under any circumstance, we do NOT guarantee
a successful outcome in any individual case.
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