Post-Conviction Relief
When a court case has concluded and a conviction occurs, three things may be possible.
The punishment stands and is served.
The accused person files an appeal and may or may not win.
After direct appeal, a sentence or other aspect of the case (usually ineffective assistance of counsel) is challenged through post-conviction relief.
Post-conviction relief may be an option if there was a mistake in criminal procedure or conduct in one’s criminal trial. Under limited circumstances, a person who is convicted of a crime and charged may seek post-conviction relief if they have lost their appeal. Louisiana post-conviction relief laws. Several outcomes can transpire after a petition has been filed. A petitioner may have their conviction overturned, a sentence reduced, a new trial ordered, or there may be changes to the law that affect one’s case.
Certain requirements must be met to file a petition for post-conviction relief. Additionally, there is a strict deadline to start the process. Since post-conviction relief is a complex and highly nuanced process, it is highly recommended that an attorney assist you with your application. Each person’s circumstances are unique.
A post-conviction relief attorney will evaluate your case and determine its merits and the most effective strategy to secure the best possible outcome under the circumstances. Depending on the case facts, it could be possible to regain your freedom.
At the Law Offices of Philip B. Adams, LLC, our skilled and competent post-conviction relief attorney has represented many individuals charged with the most serious crimes.
For more information, contact the Law Offices of Philip B. Adams.
Post-Conviction Relief in Louisiana
You only have a limited time to file for post-conviction relief in Louisiana. The law provides for a two-year window from the time your conviction becomes final within which to file.
When any of the following are true in your case, post-conviction relief may be appropriate:
After your case concluded, new evidence was discovered.
Errors were made that were unknown to the defense.
State or federal laws may have changed since your case concluded.
You had negligent counsel or ineffective assistance.
The criminal justice system must be fair for all. When due process was denied and there is evidence to prove this, convicted individuals may turn to post-conviction relief.
Avoiding a Denial of Post-Conviction Relief
Filing your post-conviction relief application is not a guarantee that you will get the results you are looking for. The process is complicated and there are several reasons why an application may be unsuccessful.
For example, if you did not take action and file within the two-year time frame, you could be denied. If you didn’t follow the established protocol for applying for post-conviction relief, you will be denied. If you skip the appeals process, you could be denied.
Working with an attorney who understands the post-conviction relief requirements is essential. When an attorney does not have the background, knowledge, or experience, you may not have the legal counsel you need to secure the best possible outcome. With the right legal assistance, it may be possible to submit a robust application where the court decides your claim in your favor.
Call an Experienced Louisiana Post-Conviction Relief Attorney Today
Protecting your rights and freedoms from the most grievous penalties when you have been charged with a crime in Louisiana is Attorney Adams's top priority.
If you were charged and convicted of a crime in Louisiana, you may be eligible for post-conviction relief. To speak to a committed and experienced Louisiana post-conviction relief attorney, please contact the Law Offices of Philip B. Adams today for a case evaluation.