Post Conviction Relief

[AmosMoses]

What is the name of your state? Louisiana

Can someone please define "post conviction relief" for me...is it simply exactly what it says? I saw an instance where someone's sentence included a provision about having to apply for any post conviction relief within 2 years...what relief are they referring to?

 

[hmmbrdzz]

Hey Amos Moses: I have no idea, but I did try to find
some info for you (wasn't too successful with LA specifically).

These might help some. I briefly scanned them -- too
confusing for me !! You might understand it better, at
least, when you get through reading some of them!

http://www.publicdefender.state.mo.us/Appellate PCR.htm

http://www.judiciary.state.nj.us/rules/r3-22.htm

http://www.lasc.org/rules/

http://216.239.53.100/search?q=cache:IJ5bTNtFpP0C:www.lacoa2.org/34936ka.pdf+Louisiana+post+conviction+relief+&hl=en&ie=UTF-8



hmmbrdzz

 

[AmosMoses]

hmmbrdzz, Queen of Lynx:

Thanks a bundle! You sure do have an ample supply of links (or better yet, a knack with a search engine). I do try to look first instead of just lazily asking someone else to do it for me, and your assistance is surely appreciated! I did see some material, as you stated, confusing as hell to me, and I was wondering if someone maybe had a good, short definition of it for me. What I was actually wondering is if an individual violated the terms of his probation, and was sentenced to do the term of his original probation (7 years), would he be limited in time in seeking to legally petition for any "changes" in this sentencing, and if maybe this was considered post conviction relief? This individual is telling his family that he has 30 days to try to get credit for his "back time" (time he served on probation against the seven years). He was placed on 7 years probation and violated about 2-1/2 to 3 years or so into it. After violating, he says he was sentenced to 7 years, and was provided 30 days to "get a lawyer to try to get his back time credit". This may be true, but this guy is nothing but a pathological liar and always has been, so I don't believe him the least bit in anything he says. I think he is simply trying to con his mother/family into hiring a lawyer for him, and I am curious. This is a situation wherein I believe that the only hope for this guy is a protracted prison sentence, because nothing else has worked...in fact, his ability to portray himself as a victim to his family is nothing short of amazing, and I believe that it is this ability that has kept him offending, having no fear of significant reprisal and surely no shame. It's ALWAYS somebody else doing these things to him, ALWAYS. I have seen it for years, and I think that is why I am seemingly harsh when I see posters here doing the same thing with their kids. It's an amazing and disturbing phenomenon. Anyway, I know this is not enough info for anyone to give me any sort of reliable answer, but I was wondering if this sounds fishy to ya'll...do you all think that he has only 30 days to seek his "back time"? Thanks, hummingbird!!

 

[calatty]

I shouldn't answer you after you chose to insult me, but will anyway to rise above your level. Post-conviction relief is any kind of legal process after conviction that is aimed at reversing the conviction, reducing the sentence, or obtaining some other remedy. It would include an appeal, a motion for modification, a habeas corpus petition, depending on what the case calls for. A person who is sentenced to prison after a violation of probation is entitled to appeal the violation. He must file his notice of appeal within a certain time, usually 30 or 60 days depending on the state. A person who has been sentenced to prison following a violation is also entitled to credit against his term for all the time he already served for the offense. For example, if he spent 30 days in jail before he was released on probation, he is entitled to get 30 days credit against his 7 year sentence. If he didn't get the credits to which he was entitled, he can appeal the denial or make whatever motion the state provides for in that situation.