What Is Post-Conviction Relief?
After your appeals are exhausted, you have one year from the date of your final conviction to file for Federal Post-Conviction Relief. You have two years from the date of your final conviction to file for State Post-Conviction Relief. These timelines are strict, cannot be extended, and are only interrupted by the filing of a post-conviction application.
Importantly, with post-conviction relief, the presumption of everything is shifted against the individual and is instead tilted in favor of the state. The presumption of innocence you are supposed to have at trial is gone. You and your attorneys must now fight uphill to prove your innocence to the system, against the system. Like most litigation, post-conviction relief is a war, not a battle, and it is not one that is easily waged.
For a free consultation regarding your specific case, please call Longman Jakuback in Baton Rouge at 225-338-4088 or complete our contact form. Our post-conviction relief attorneys represent clients throughout Louisiana.
How Is Post-Conviction Relief Different From Appeals?
Post-conviction relief — often called PCR — differs from appeals in several notable ways. The first is that while your appeals are limited to addressing legal mistakes, your post-conviction claims can be for any violations of the United States Constitution or the grounds enumerated in Louisiana Code of Criminal Procedure 930.31.
With PCR claims, the relevant issues may include errors not previously known to the defense, changes in the law, or newly discovered evidence.
PCR may be granted if the case involves any of the following:
- Existence of new forensic evidence, including DNA samples, not introduced at trial
- Testimony or evidence that was allowed at trial but should have been excluded
- The prosecution did not hand over exculpatory evidence
- Perjury or witness tampering
- The original defense lawyer was incompetent
Our attorneys and staff are fully committed to protecting the rights of Louisiana’s accused, marginalized, and imprisoned. Contact us today to learn more about your specific options.