Post-Conviction Relief Grounds You May Not Have Thought Of

Many people see post-conviction relief as something that is the same as an appeal from your criminal trial. But it is not. Think of post-conviction relief as something "extra" or external—something that may have changed or information that may not have been available at the time of your criminal trial. 

Read on as our Shreveport post conviction attorney at the Law Offices of Philip B. Adams explains more below.

Criminal vs. Civil Cases

When it comes to civil cases, we generally have finality in judgments—if there is new evidence discovered later on, or if the law changes or something is discovered later on that wasn't available in your trial, it's not as big of a deal. 

But in the criminal system, where your freedom and liberty are at stake, these are big deals, and that's why those who have been convicted or who may have pleaded to a conviction have the right to ask for post-conviction relief.

Law Changes

One reason why someone may ask for post-conviction relief is a change in the law. Perhaps something that was once a criminal act (that you were convicted of doing) is no longer a crime. Or, perhaps the legislature changes the penalties and sentencing guidelines such that your sentence now is now illegal.

Not all law changes are automatically retroactive, allowing you to ask for relief based on a law change, but some are, and when they are, you have a right to have your sentence vacated or altered based on the new laws.

Impropriety at Trial

There are a lot of ways that fraud or wrongdoing can poison or pollute an otherwise seemingly legitimate criminal trial. Imagine these scenarios:

• A witness is coerced, threatened, or even just spoken to illegally by someone in the case

• A juror did his or her own "investigation," while the trial was going on

• The state had evidence that would have shown your innocence, but it hid that information from you or your defense attorneys (this is sometimes called The Brady Rule)

• Someone lied under oath, a lie that could not have been discovered until now

All of these both poison the legitimacy of the court and its decisions, and the validity of the verdict against you, and some even intrude on your constitutional rights.

Ineffective Assistance of Counsel

While it is very difficult to show that your attorney was inadequate, there are stories of attorneys who were intoxicated at trial, or who didn't show up for trial, or who may have had a conflict of interest, or who may have slept through a Defendant's criminal trial. At the same time, rare and difficult to prove, ineffective assistance of counsel is grounds for post-conviction relief.

New Evidence

One of the most well-known grounds for post-conviction  relief in Louisiana is new evidence. New evidence is information that was not available or known at the time of the original trial. It must be evidence that couldn't have been known or which perhaps didn't even exist at the time of the original trial, and had it been known, it would have changed the outcome of the criminal trial.

There are strict time limits on asking for post-conviction relief, and you don't want vital evidence that you need to disappear or be ruined over time. If you think you may have grounds for relief, don't guess–ask us. Contact the Law Offices of Philip B. Adams today. We are top-rated, relentless, and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana criminal case. We have offices in Shreveport and handle criminal defense cases throughout Louisiana.