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Pennsylvania General Prison Talk, News, Introductions & Chit Chat Topics & Discussions relating to Prison & the Criminal Justice System in Pennsylvania that do not fit into any other Pennsylvania sub-forum category. Please feel free to also introduce yourself to other members in the state and talk about whatever topics come to mind that may not have anything to do with prison.

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  #26  
Old 09-29-2010, 10:11 PM
PakBud PakBud is offline
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I was just wondering if anyone knows how long a judge has to make a decision on a PCRA? We already had the pcra hearing, and now are waiting on his decision on whether to award the pcra or not. Is there a time limit on this? Our Attorney expected we would hear within a month and a half, but that was on June 3rd! Also, if the judge does award the pcra, and hubby is bonded out, how long will it take to actually get him out? Thanx ahead of time!
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  #27  
Old 10-18-2011, 04:19 PM
nmc76 nmc76 is offline
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Okay i have a question about PCRA's. Here is my situation. My husband was the passenger in a vehicle over a year ago and was pulled over for a traffic violation (speeding) and the police ended up doing a illegal search because they denied search and called for the K-9 anyways. The attorney he had hired didnt sign in on his case till the last minute and didnt do nothing for him but struck a deal with possession with intent to deliver and told us if he took it to trial he would get 16-18yrs. After being talked into taking the plea he got 33-120 months. After being sentenced he started doin research and found out he was able to file a PCRA on ineffective counsel and illegal search and seizure. We have hired an attorney and was due in court on Monday October the 17th 2011 and they continued it to Nov 21st 2011. Im wondering how long these normally take and what do i expect from this if the judge finds in his favor? He filed the end of august and got a hearing date quick. I was told that the judge has approx 30 days to make a decision and then the DA has to see if they have enough evidence to take it to trial if not he will be acquitted.. Id this information correct? Any info will help, thank you!
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Old 02-09-2019, 03:25 PM
Mamadawn Mamadawn is offline
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Default PCRA Paperwork

I'm trying to help my husband to fill out PCRA papers against his lawyer. On line , Ive read that these MUST be filled out completely correct to even be considered. But they are really hard to understand what should be written where. I was told to have him fill it out to the best of his ability and send 4 copies to the clerk of courts. Then once he is appointed a public defender, they will help him fill them out the right way. Is this true? Or does anyone have any suggestions?
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Old 02-10-2019, 09:54 AM
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bobble60 bobble60 is offline
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Ok, you're going to have a few problems.

First, he should be doing this. it should be signed by him and mailed from the prison. He can fill out the form by hand; it doesn't have to be typed. I believe he actually has to send about 7 copies, all to the clerk of court. Among those forms will be a request for counsel and permission to proceed without paying the costs. To grant these, the form requires an attachment from the prison business office as to his inmate account balance. if you submit all of this for him, you'll complicate the process as the court may decide not to fill in the missing information.

Second, the court must appoint a lawyer unless he retains on of his own. (He has the option of paying a lawyer to do all of this for him.) That lawyer may or may not be affiliated with the office of the public defender; it varies by county. The lawyer must review the case and explore the claims raised by the petitioner. if, in his professional opinion, the petition lacks arguable merit, he will inform the court through a "Turner/Finely letter," a copy of which must be sent to the inmate. The inmate then has the option of proceeding without a lawyer or paying a lawyer to represent him.

If the attorney feels there is merit, he will file an amended petition.

All PCRA's must be filed within one year of the date the sentence became final.
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