The Post-Conviction Procedure Act (PCPA) in Maryland offers a legal process for people convicted in a state court to challenge their conviction or sentence. It can address unconstitutional convictions, procedural mistakes or new evidence that could lead to acquittal. Filing a petition under this law can help overturn a conviction, reduce a sentence, or, in some cases, grant release from prison.
It addresses problems that direct appeal cannot resolve
A person or their legal representative can petition for post-conviction relief under this law on grounds of:
- Incompetent representation by their initial trial lawyer.
- Pleading guilty due to coercion or lack of understanding of the consequences.
- Improper conduct from the prosecutor, such as withholding evidence.
- The initial circuit court’s lack of jurisdiction to hear the case.
- Legal mistakes made during the sentencing process.
- The conviction or proceedings violating the U.S. Constitution or the state constitution.
- Errors with the evidence used during the first trial.
A person can file only one petition for each trial or sentence within ten years after the conviction unless there’s an extraordinary reason for the delay.
It outlines their right to counsel, hearing, and appeal
A person convicted of the crime has the right to have a lawyer and a hearing when they file a petition under this title. They also have the right to attend any hearing related to the case.
If the court denies the petition, the petitioner has 30 days to ask the Court of Special Appeals for permission to appeal. The higher court can pause the original order and set bail for the person appealing. However, if they deny the request to appeal, the original court order becomes final.
Conviction is not the final decision
Our justice system has checks and balances in place. Should you or a loved one find yourselves at the receiving end of a false conviction or a coerced guilty plea, know that you have the right to challenge such injustices.