Philadelphia, PA asked in Criminal Law and Civil Rights for Pennsylvania

Q: My fiancée is in jail over a case where they had no victim no witnesses and no weapon they gave him 15-30 years

They have denied him a habeas corpus and supresión of evidence he has filed a pcra

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James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: In Pennsylvania, if your fiancée is in jail serving a sentence of 15-30 years despite there being no victim, witnesses, or weapon, and his attempts at habeas corpus and suppression of evidence have been denied, the Post Conviction Relief Act (PCRA) petition he has filed is a crucial step. The PCRA allows for review of convictions to ensure that constitutional rights were not violated during the criminal process.

It's important for your fiancée to have effective legal representation to navigate this complex process. His attorney can review the case details, including the trial record, to identify any potential legal errors or constitutional violations that occurred during the trial or sentencing. The lack of evidence you describe might be a key factor in the PCRA petition. The attorney can also advise on the possibility of an appeal or other legal remedies.

Given the severity of the sentence and the potential issues with the case, it's essential to pursue all available legal avenues. Timely and persistent legal action is important to address any miscarriages of justice and to seek a fair outcome.

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