South Carolina Appeals & PCR
Appeals and Post-Conviction Relief
Even after a conviction or a guilty plea a Defendant still has the right to have their case reviewed for legal errors and constitutional violations. James Snell is able to provide criminal appeal and post-conviction relief services to those whose cases were originally tried by other lawyers. Prospective clients should know up front that any Criminal Appeal is going to be a difficult, expensive and time-consuming process. No attorney can make any promises or guarantees concerning the ultimate outcome of a Criminal Appeal, however a thorough review of the case and original Court record, combined with up to date legal research, is always appropriate for those who have received serious and substantial sentences. In some instances a Defendant may be allowed to remain free pending the outcome of their Criminal Appeal through obtainment of an Appeal Bond. James Snell provides a free case evaluation to Defendants and their families who are considering a Criminal Appeal or Post-Conviction Relief proceeding.
Criminal Appeals
An appeal is a process whereby a Defendant asks a higher court to review their case looking for legal errors. Defendants who were convicted at the Municipal or Magistrate Court level appeal directly to the Court of Common Pleas. Defendants who were convicted for non-capital offenses in General Sessions appeal their cases to the South Carolina Court of Appeals. Defendants who were convicted of capital offenses have their first appeal heard by the South Carolina Supreme Court. It is possible to appeal both a trial conviction as well as a guilty plea.
To request an appeal a Defendant must timely file a Notice of Intent to Appeal within ten days of their sentencing. If this deadline is missed it may mean that the Defendant has lost his right to an appeal. After the Notice of Intent to Appeal is filed a copy of the trial transcript from the Court reporter is ordered. When it arrives Mr. Snell reviews the record for obvious, and subtle, errors of law that may have caused, or increased the probability, of the conviction. After a review of his findings, along with up to date legal research, with his client, a legal brief making those legal arguments is filed with the Court. It generally takes one year or more for a Criminal Appeal to be ultimately ruled on by the Court.
Post Conviction Relief or PCR
Post-Conviction Relief, or PCR, is a petition usually filed after the criminal appeal has concluded. Most Post-Conviction Relief filings claim that the Defendant’s conviction is unconstitutional because of ineffective assistance of counsel, although there are other possible grounds. To request Post-Conviction Relief it is necessary to do so within one year of the conclusion of the Criminal Appeal. James will review the record looking for all obvious, and subtle, errors or omissions that occurred. After a review of his findings, along with up to date legal research, with his client, a legal brief making those arguments is filed with the Court. It generally takes one year or more for a Post-Conviction Relief proceeding to be ruled on. Defendants may ask that the outcome of their Post-Conviction Relief case be appealed to the South Carolina Court of Appeals.
Federal Appeals
Defendants also have the right to have their cases reviewed by the United States Federal Courts, up to the United States Supreme Court. However the procedural requires and required filing deadlines are to complicated to be explained in this format, but may include the filing of a writ of habeas corpus. Mr. Snell will advise and counsel his clients on all available options available under State and Federal law.
