New Evidence Post Sentence Trial

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Summary

In Pennsylvania, discovering new evidence post-sentence may allow for a new trial under the Post Conviction Relief Act (PCRA). The new evidence must not have been available during the original trial, and its absence should not be your fault. Additionally, the new evidence should be significant enough to potentially change the trials outcome. If your PCRA petition was dismissed as untimely, cases like Commonwealth v. Bennett and Commonwealth v. Lark could provide legal precedents. Consulting a local attorney for personalized advice and interpretation of these cases is highly recommended.

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I have maxed out my sentence but I have discovered new evidence am I still entitled to a new trial
Hi ****, in many jurisdictions, discovering new evidence may allow for a new trial under certain conditions. Can you please provide your location to give more accurate information?
Philadelphia
Hello ****,
In Pennsylvania, you could potentially file a Post Conviction Relief Act (PCRA) petition. Here are some general rules:
- The new evidence wasn't available at the time of trial.
- The failure to litigate an issue prior wasn't your fault.
- The new evidence could change the outcome of your trial.
Please consult a local attorney for advice.
I filed a (PCRA) and I raised the issues of newly discovered evidence & actual innocence but the court dismissed as timely and I filed it again and the court is trying to say that being though I completed my sentence that I may not be entitled to relief what are some cases to help me
Hello ****,
In Pennsylvania, the Commonwealth v. Bennett and Commonwealth v. Lark case rulings could be helpful. These cases discuss PCRA's timing and the right to relief after sentence completion. Consulting a local attorney for interpretation and application is advisable.