At Grant Legal Group, our attorneys are experienced in criminal appeals and post-conviction matters. If you were convicted of a crime and are already confined, you still may have a right to appeal your conviction or sentence. Mississippi’s Post-conviction Relief Act allows you to challenge your conviction or sentence for up to 3 years, and sometimes longer if your fundamental constitutional rights were violated.
First of all, what is post-conviction relief (PCR)? Mississippi’s PCR procedures allow you to file a petition challenging your conviction or sentence after your time for filing a conventional appeal has expired. A conventional appeal—sometimes called a “direct appeal”—immediately follows the trial court’s sentencing order and must be filed within 30 days. If you missed the appeal deadline, however, you still may be able to successfully appeal through PCR procedures.
The PCR process is fairly straightforward. You appeal your conviction or sentence by filing a PCR petition in the circuit court. Once you file your PCR petition, the circuit court reviews it. If the circuit court finds merit to your petition, it can require the prosecution to file an answer. The circuit court can also grant you an evidentiary hearing to address the issues you raise. If you prevail on your petition, then several things could happen. You could get a new trial, be exonerated, or be resentenced, depending on the issue on which you prevail.
You are required to file the PCR petition in the same court that convicted and sentenced you. While that court may harbor ill feelings towards you, if the judge denies your PCR petition, you are entitled to appeal the denial to the Mississippi Supreme Court. This can sometimes make a world of difference to have another court take a fresh, unbiased look at the case. The Supreme Court automatically assigns all PCR cases to the Mississippi Court of Appeals, which would actually hear the initial PCR appeal.
We have extensive experience in appealing cases to the Mississippi Supreme Court and Court of Appeals. Therefore, if your case proceeds to our state’s highest courts, then we are well equipped to argue your case there.
We serve all areas of Mississippi. Our office is based in the Jackson area, but we handle post-conviction appeal matters throughout the state.
Our firm offers flat-fee pricing for most PCR cases. This means we will tell you exactly what our total fee is. The exact price will depend on how complicated the case is, so we would need to discuss your case with you to provide an exact quote.
John S. Grant IV has a career focus in appeals and appellate law, with over 10 years’ experience. If you have a post-conviction appeal or criminal-defense appeal matter, call us at (601) 827-3031 and ask to speak to John.