Louisiana Post Conviction Relief Lawyer
Post Conviction relief are proceedings brought by criminal defendants in an attempt to overturn a portion or all of their conviction and sentence. It is only available after the time for filing an appeal or the appeal has been denied. Typically, a convicted person person only has two years from the end of the sentence or appeal to file for a post conviction relief. It is important to contact a Louisiana post conviction relief lawyer to understand your eligibility for filing.
Generally, when seeking post conviction relief a person is convicted of some crime. They may have filed an appeal and been denied or they are seeking a different remedy then trial. There are many different factors that would be looked at when a person seeks post conviction relief: new evidence, illegal sentence, improper sentence, change of law, negative decision by the trial court, or ineffective assistance of counsel.
Post Conviction relief can help you in a number of ways after your conviction. If you have a drug or sex conviction, you may have to register with local authorities. Post-conviction relief can loosen the restrictions for that requirement – or maybe even eliminate that requirement entirely. Your conviction may restrict or ban your ability to obtain certain licenses. Post-conviction relief can lift those restrictions or bans. A Louisiana Post Conviction Relief Lawyer can also help in situations that require a more invasive background check. If the conviction was a felony, a qualified attorney in the field of conviction relief might be able to reduce the felony to a misdemeanor, and then expunge it.
Post Conviction Relief
Defendants also have the right to seek conviction relief in federal court when the person alleges that their incarceration was brought about due to violations of the federal constitution. There are rules that limit the ability of a federal court to hear issues that were not already raised in state court. Therefore, many defendants will file conviction relief in state court first, and then file in federal court second. This state-then-federal filing is one of many reasons why death-penalty cases are frequently drawn out for years.
The specifics of conviction relief law has numerous variations depending on the details of the situation. Depending on the circumstances a sentence may be reduced, a conviction overturned, a new trial order, or a law changed. The laws differ between juveniles and adults, misdemeanors and felonies, and vary from one state to another. For more information on post conviction relief and how these laws may pertain to you in New Orleans, Louisiana, Jefferson Parish, St. Bernard Parish, St. Tammany Parish, St. Charles Parish, Plaquemines Parish, and St. John’s Parish contact an experienced Louisiana post conviction relief lawyer at the Weiser Law Firm today by calling 504-358-2273.