Post-Conviction Relief Motions in Pennsylvania

Post-Sentence Motion

Authority: Pa.R.Crim.P. 720

When to File: Within 10 days after sentencing.

How It Helps:

• Allows the judge to reconsider errors immediately after sentencing.
• Can request a new trial, judgment of acquittal, arrest of judgment, or sentence modification.
• Preserves issues for appeal.

Example Case:

A man sentenced to 10 years believes the judge incorrectly calculated his sentencing guidelines. He files a post-sentence motion asking the court to adjust his sentence before starting the appeal process.

Petition under the Post-Conviction Relief Act (PCRA)

Authority: 42 Pa.C.S. §§ 9541–9546

When to File: Within one year of final judgment (with limited exceptions for newly discovered evidence, government interference, or new constitutional rights).

How It Helps:

• The primary vehicle for challenging convictions after appeals are over.
• Can address constitutional violations, ineffective assistance of counsel, unlawfully induced pleas, and illegal sentences.
• May restore lost appellate rights.

Example Case:

An inmate discovers that his trial lawyer failed to investigate a key alibi witness. He files a PCRA petition claiming ineffective assistance of counsel.

Motion for Post-Conviction DNA Testing

Authority: 42 Pa.C.S. § 9543.1

When to File: Any time after conviction.

How It Helps:

• Requests DNA testing on physical evidence not previously tested or capable of new testing.
• Can establish innocence or cast doubt on the conviction.

Example Case:

A man convicted of rape in the 1990s petitions for DNA testing of old biological samples using modern forensic methods to prove he was not the perpetrator.

State Habeas Corpus (Limited Use After Conviction)

Authority: 42 Pa.C.S. §§ 6501–6505

When to File: When the PCRA is unavailable or inadequate.

How It Helps:

• Challenges unlawful custody when no PCRA remedy exists.
• Typically used for claims outside PCRA’s scope.

Example Case:

An inmate who has fully served their sentence but is still being detained files a habeas petition to challenge the unlawful custody.

Motion to Correct Credit for Time Served

Authority: 42 Pa.C.S. § 9760

When to File: After sentencing if jail credit was not properly awarded.

How It Helps:

• Ensures inmates receive credit for all pretrial jail time served.
• Can shorten both minimum and maximum sentence lengths.

Example Case:

A probation violator who spent six months in county jail awaiting a revocation hearing files a motion to apply that time against his final sentence.

Motion to Correct Illegal Sentence (Merger Issues)

Authority: 42 Pa.C.S. § 9765

When to File: Anytime after sentencing if offenses were improperly separated for punishment.

How It Helps:

• Prevents double punishment for the same criminal act.
• Vacates unlawful sentences when charges should merge.

Example Case:

A person convicted of both robbery and theft for a single act of purse-snatching argues that the theft should merge into the robbery conviction.

Probation and Parole Relief Motions

Motion for Early Termination or Modification of Probation

Authority: 42 Pa.C.S. § 9771

When to File: At any time during probation.

How It Helps:

• Requests the court to end probation early.
• Can reduce or eliminate burdensome probation conditions.

Example Case:

A woman on five years’ probation completes her treatment program, maintains employment, and avoids violations. She files a motion for early termination of probation.

Probation Violation Hearing and Relief

Authority: Pa.R.Crim.P. 708; 42 Pa.C.S. § 9771

When to File: When accused of violating probation conditions.

How It Helps:

• Provides a hearing to challenge the alleged violation.
• Can result in reinstatement of probation instead of jail.

Example Case:

A probationer misses one curfew check-in due to working a double shift. At the violation hearing, he argues for reinstatement of probation instead of incarceration.

Court-Parole from County Jail Sentences

Authority: 42 Pa.C.S. § 9776

When to File: After serving part of a county jail sentence.

How It Helps:

• Requests the sentencing judge to grant parole for county jail inmates.
• Offers early release with supervision.

Example Case:

A nonviolent offender serving a six-month county jail sentence petitions the court for parole after demonstrating good behavior and presenting a reentry plan.

Key Takeaway

Post-conviction and probation relief motions in Pennsylvania provide second chances for those incarcerated or under supervision. Each motion has strict rules and timing, but when used strategically, they can correct sentencing errors, restore rights, or reduce time under supervision.