Lafayette Criminal Appeals & Post-Conviction Lawyer

Lafayette Criminal Appeals & Post-Conviction Attorney

What a Lafayette Criminal Appeals and Post-Conviction Lawyer Can Review After a Conviction

A criminal appeal does not retry your case. It asks a higher court to decide whether the trial court got the law right, based only on the record already made at trial. Post-conviction relief works differently. It lets someone already convicted raise issues that fall outside that record, such as a claim that trial counsel did not provide effective representation. Both paths have strict deadlines, and missing one can limit or close off the options available.

At The Law Office of Joshua S. Guillory, LLC, our Lafayette criminal appeals and post-conviction lawyer reviews trial records and identifies possible legal errors. We also help clients sort out which path fits their situation. Reach out to talk through what happened at trial and what your options look like from here.

Types of Appeals and Post-Conviction Relief Claims We Handle in Lafayette

A conviction out of the 15th Judicial District Court can be challenged in more than one way, depending on what went wrong and when it was discovered. We handle matters that include:

• Direct appeals of a felony or misdemeanor conviction
• Appeals challenging the length or terms of a sentence
• Post-conviction applications built on ineffective assistance of trial counsel
• Claims based on evidence that was not available at trial
• Challenges to a guilty plea that was not entered knowingly or voluntarily
• Requests for an out-of-time appeal when the original deadline was missed through no fault of the defendant

Each of these follows its own procedure and timeline, so the right starting point depends on where your case stands today.

The Deadlines and Consequences That Make Timing Critical

Louisiana gives a narrow window to challenge a conviction, and the clock does not pause for confusion about next steps. Under La. C.Cr.P. art. 914, a motion for appeal must be filed within 30 days of the sentencing or ruling being appealed. It can also be filed within 30 days of a ruling on a timely motion to reconsider the sentence.

Miss that window, and the conviction generally becomes final, closing off the direct appeal route. Once a conviction is final, La. C.Cr.P. art. 930.8 generally requires a post-conviction relief application to be filed within 2 years, though a handful of narrow exceptions can extend that period.

Filing an appeal also does not automatically pause, or stay, the sentence while the case is under review. Understanding which clock is running, and how much time is left on it, shapes every decision that follows.

How a Lafayette Criminal Appeals and Post-Conviction Lawyer Approaches Your Case

A conviction in Lafayette Parish comes out of the 15th Judicial District Court, housed at the Lafayette Parish Courthouse on South Buchanan Street. From there, a direct appeal goes up to the Louisiana Third Circuit Court of Appeal, which sits in Lake Charles. That court reviews cases from 21 parishes across southwest and central Louisiana, including Lafayette.

If the Third Circuit denies relief, further review is available by writ application to the Louisiana Supreme Court. Handling a case through this chain generally involves pulling and reading the full trial transcript. It also means mapping which issues were preserved for appeal against which ones depend on evidence outside that record.

Appeals also involve tracking filing deadlines at each stage. Post-conviction matters add another layer, since they are filed back in the trial court rather than the court of appeal. They may require building a factual record the original trial did not address.

Because these processes can take time, an early conversation about where your case stands can make the available options clearer.

FAQs About Lafayette Criminal Appeals & Post-Conviction Laws

Do I need to act right away after a conviction in Lafayette?

Acting quickly matters in most cases. A motion for appeal generally must be filed within 30 days of sentencing, and that clock starts running immediately. Waiting even a few weeks to ask about your options can mean losing the right to a direct appeal altogether.

What is the difference between an appeal and post-conviction relief?

An appeal reviews legal errors that already appear in the trial record, such as a wrongly admitted piece of evidence. Post-conviction relief raises issues outside that record, like ineffective assistance of counsel or newly discovered evidence, and is filed after the direct appeal process ends.

How long do I have to file for post-conviction relief in Louisiana?

Generally, an application must be filed within 2 years after the conviction and sentence become final. A small number of exceptions can extend that deadline, such as facts that could not have been discovered earlier with reasonable diligence.

Can I still appeal if I missed the 30-day deadline?

It depends on why the deadline was missed. Louisiana law allows a request for an out-of-time appeal in limited circumstances, but it is not guaranteed, and the request itself must still meet its own filing requirements.

Does filing an appeal stop my sentence while it is pending?

Not automatically. An appeal does not, by itself, pause the execution of a sentence, so the terms of a sentence can continue to apply while the appellate court reviews the case.

What court hears an appeal from a Lafayette Parish conviction?

Appeals from the 15th Judicial District Court generally go to the Louisiana Third Circuit Court of Appeal in Lake Charles. That court has jurisdiction over Lafayette Parish along with 20 other parishes in southwest and central Louisiana.

Can post-conviction relief help if my guilty plea was not voluntary?

It can, depending on the facts. A plea that was not entered knowingly and voluntarily, or that followed inadequate advice from trial counsel, can sometimes form the basis of a post-conviction application. In that situation, post-conviction relief, rather than a direct appeal, may be the right path.

What does an appeal or post-conviction case typically cost?

Cost depends on the length of the trial record, the number of issues being raised, and whether the matter stays at the court of appeal or moves into post-conviction proceedings. These details are easiest to discuss once we understand the specifics of your case. If you are weighing an appeal or a post-conviction petition after a conviction in Lafayette, contact us to schedule a consultation about where your case stands.

Next Steps With a Lafayette Criminal Appeals and Post-Conviction Lawyer

Deadlines in appeals and post-conviction cases do not bend for uncertainty, and the earlier the trial record gets reviewed, the more options tend to stay open. A Lafayette criminal appeals and post-conviction lawyer at our firm can help you understand which deadlines apply to your case and what steps come next.

Contact us today to talk through your conviction and the options still available to you.