New Jersey DWI Lawyer Evan Levow Stresses Importance of Post Conviction Relief, Offers Advice
New Jersey DWI Lawyer Evan Levow of Levow & Associates, P.A., discusses post conviction relief, what it means and why it’s so important. He offers tips for petitioners for PCR.
(PRWEB) July 09, 2013
Ashley East was sentenced to 25 years in prison after being charged with DUI manslaughter. The Florida woman wants a new trial and a motion for post-conviction relief was filed, reported The News-Press, a Gannett Company (6.20.13). DWI defense attorney, Evan Levow, handles New Jersey cases for alleged multiple offenders and explains that Post Conviction Relief (PCR) can make a significant difference in cases like Ashley East's.
“Post Conviction Relief is important in the assessment of an alleged multiple offender's case,” said Levow. “There may be some prior convictions that can be overturned. PCR can also help determine if the effect of the prior convictions can be minimized for sentencing issues in the current pending case.”
A defendant's lawyer must investigate a client’s prior convictions to determine whether or not it is possible to reopen them.
“Ignoring the prior conviction is an enormous error,” said Levow.
State v. Weil, 22 A.3d 983 (2011), a case that was decided by the Superior Court, Appellate Division in New Jersey, outlines what is needed to seek relief from the courts.
A petitioner for PCR must:
1. File the petition for PCR in the court where the original conviction occurred.
2. Establish that any delay in filing was not the result of neglect or some other disqualifying reason, if the prior conviction is over five years old.
3. Prove that he or she did not have notice of the right to counsel in the prior case. He has to demonstrate that he was prejudiced by being unaware of those rights, and if indigent, would have benefited from the notice by seeking counsel.
A qualified New Jersey DWI defense lawyer can fully review all aspects of a case, including prior convictions. Any failure to do this can result in significant lost opportunities in present pending matters.
Lawyers at Levow & Associates review all the history and evidence in every DWI case and use that information to help defend clients. Contact Levow & Associates for a free consultation regarding your matter.
About Evan Levow and Levow & Associates, P.A.
New Jersey DWI / DUI Lawyer Evan Levow is the senior and managing partner of Levow & Associates and a nationally recognized DWI attorney. Levow’s legal practice is 100% devoted to DWI defense. He has been referred to as the DWI Attorneys Attorney as other attorneys frequently seek him out for DWI defense strategies.
NJ DWI attorney Levow was selected as: Best Lawyers in America, 2008, 2009, 2010, 2011, 2012, 2013; Super Lawyers, 2010, 2011, 2012, 2013; New Jersey Magazine Top Attorneys, April 2010; and New York Area’s Top Lawyers, 2008, 2009, 2011 as seen in New York Magazine. He also received Martindale Hubbell's® highest rating for legal ability and ethics: AV® Preeminent™.
Levow uses his unique knowledge of field sobriety testing and breath-testing machines to help defend his clients. He is qualified by the National Highway Traffic Safety Administration (NHTSA) as an instructor in standardized field sobriety testing.
Levow practices DWI defense throughout the entire state of New Jersey.
Evan M. Levow | Levow & Associates | 1415 New Jersey 70 | Suite #200 | Cherry Hill, NJ 08034 | (856) 428-5055 | (877) 735-2288 | http://www.nj-dmv-dwi.com
For the original version on PRWeb visit: http://www.prweb.com/releases/2013/7/prweb10907834.htm