Baton Rouge Post Conviction Relief Lawyer

Skilled Baton Rouge Attorney For Post-Conviction Appeals

For nearly two decades, Louisiana led the United States in incarceration rate, making Louisiana the long-reigning incarceration capital of the world. Thanks to recent reform, the state has fallen to second place behind Oklahoma. It’s a step in the right direction, but it means Louisiana still has one of world’s highest incarceration rates

At Longman Jakuback, we know that sometimes judges, juries, and prosecutors get it wrong. If you have been convicted of a crime that you did not commit, or you believe there has been a defect in your trial proceedings, you need a Baton Rouge Post Conviction Relief Lawyer who is legally knowledgeable, dedicated, and aggressive — someone who knows all of the options available to you post-trial, and someone who is skilled at finding the best one that applies to your case.

Depending on the circumstances, those options may include:

• Appeals
• Motion to correct illegal sentence
• Post-conviction relief

Our attorneys and staff are passionate about fighting for Louisiana’s accused, marginalized, and imprisoned. For us, defending the rights of the accused is not simply a job — it is a calling. We are skilled and diligent in these matters. We know what is stake. And we fight for our clients.

Motion to Correct Illegal Sentence

Laws are constantly changing. As legislators update our statutes, sentences that were passed on criminal defendants also change. When new laws conflict with the sentence that an individual is serving, a “Motion to Correct Illegal Sentence” may be filed.

This motion notifies the court that a review of the individual’s sentence is warranted. The judge may grant the individual a hearing, or the judge may adjust the sentence so that it comes into compliance with new laws.

Success at these hearings requires skillful research, insightful legal arguments, and a dedicated team. At Longman Jakuback, we have a formidable record with these motions, and we are prepared to assist you if you believe you are being held on an illegal sentence.

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 225-383-3644 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.

Request A Free Consultation

Our attorneys have offices in Baton Rouge and serve clients throughout Louisiana. For a free and confidential consultation, please call Longman Jakuback at 225-383-3644 or complete our contact form.