Legal Question in Criminal Law in South Carolina
post conviction release
my husband was sentenced in nov 08 to a 2 year and 3 year sentence to be ran consecectively the 2 year was a violation of probation and the 3 year was a forgery charge can he do a pcr to see if he can get his sentence ran concurrent
1 Answer from Attorneys
Re: post conviction release
A Post Conviction Relief action is primarily based on what is called Ineffective Assistance of Counsel. That basically means that the attorney did or did not do something and as a result, the outcome of the case harmed the defendant. Without knowing a whole lot more I cannot answer your question. If your husband plead guilty, then the chances of a sucessful PCR would probably be slim. If he went to trial, then a lot of things would have to be looked at. The biggest thing that comes to mind is when his expected release date is. PCR's can take a very long time to come to court. Without knowing a whole lot more that is about all I can tell you. Good luck.
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