Lafayette Appeals & Post-Conviction Lawyer
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Just because a criminal case has concluded doesn’t mean you’re barred from seeking a judicial review of the outcome. Discovering new evidence or identifying errors during your trial might prompt you to seek advice from a Lafayette appeals & post-conviction lawyer regarding your available legal recourse. Appeals and post-conviction relief both allow you to challenge certain convictions or sentences under the rules of a higher court.
About Stockstill Defense Firm
At Stockstill Defense Firm, our Lafayette criminal defense lawyers defend people who have been charged with serious crimes all over Lafayette and Acadiana. Attorney Kevin Stockstill works to develop custom defense strategies for each of our clients, whether your case is in state or federal court. Our primary goal is to help you comprehend your case’s developments and the legal questions that could affect its final decision.
Criminal trials in Lafayette are typically held at the 15th Judicial Court located at Lafayette Parish Courthouse, 800 South Buchanan Street, Lafayette, LA 70501. Appeals filed in these cases must be heard in a different courtroom and follow an entirely different set of procedural rules than typical trial litigation. Stockstill Defense Firm has experience handling appeals throughout Louisiana.
Understanding Appeals and Post-Conviction Cases
While similar, appeals and post-conviction cases aren’t the same thing. During an appeal, a party requests that a higher appellate court review a trial court’s judgment. The appellate court usually reviews the record of what happened during trial instead of hearing testimony or new evidence.
Post-conviction proceedings can occur after the direct appeal process is over. Some post-conviction cases may raise federal constitutional issues, while others raise issues about new evidence or ineffective assistance of counsel.
Common Issues in Appeals
When it comes to filing appeals, a person cannot file one just because they don’t like the verdict or sentence. The appellate court won’t determine if they would have ruled in your favor. Instead, they’ll look at the record and determine if mistakes were made during the proceedings.
Some examples of issues that can be appealed include:
Evidentiary issues
Jury instruction errors
Violations of the Constitution, particularly during investigation or prosecution
Errors in sentencing
Prosecutorial misconduct
The U.S. Courts says criminal appeals grew by 7% in 2025 in the federal courts of appeals, the nation’s intermediate appellate courts. There were 10,092 criminal appeals in all.
Five categories of offenses represented 83 percent of all criminal appeals. Drug offenses or firearms and explosives offenses made up about 56 percent of that group. The remaining appeals involved property crimes, sex offenses, and violent offenses.
The Appeals Process
A notice of appeal is usually the first step in the appeals process. The trial court clerk prepares the record for review, and the parties file written arguments, known as briefs. The appellate court may hear oral arguments before making a decision. Once the court rules, it can:
Affirm the conviction
Reverse all or part of the ruling
Remand for a new trial
Modify the sentence
Send the case back to a lower court for additional hearings.
Federal Issues in Appeals & Post-Conviction Cases
Some appeals and post-conviction cases involve federal issues. Grounds for these arguments usually come from the U.S. Constitution, encompassing things like due process violations, poor legal counsel, or unconstitutional searches and seizures. Whether federal constitutional issues are implicated depends on the facts of the case.
Hire an Appeals & Post-Conviction Lawyer
What sets appeals and post-conviction proceedings apart from trial practice is the shift from examining evidence to scrutinizing legal questions secured within the trial court record. When you hire an appeals & post-conviction lawyer, you may need help with:
Determining what issues are appealable
Reading and understanding the trial transcript
Legal research of federal constitutional standards
Drafting appellate briefs
Meeting court-imposed deadlines
Counsel can also determine if there is any post-conviction relief available after a direct appeal has been exhausted.
FAQs
Can I Remain Out of Jail While My Appeal Is Pending?
You can remain out of jail while your appeal is pending, depending on the circumstances of your offense, your sentence, and the court’s decision on bond or release. Appealing a sentence does not automatically stop that sentence or release you from custody. Every situation is handled on a case-by-case basis depending on what court you are in and what procedures apply.
Does Pleading Guilty Prevent Me From Filing an Appeal?
Pleading guilty does not always rule out the ability to file an appeal, but it may restrict the grounds that can be appealed. Certain issues pertaining to sentence, constitutional rights, or the legality of the plea itself may still be examined, depending on the specifics. The case’s circumstances and procedural background determine the potential remedies.
What Happens if My Appeal Is Unsuccessful?
If your appeal is unsuccessful and the appellate court upholds the conviction, there may be other options available depending on the case. You may be able to seek review by a higher court or file for post-conviction relief.
The specific circumstances of your case determine what additional options may be available. A Lafayette appeals & post-conviction attorney can help you understand appeal laws and what options may be available in your situation.
Can My Sentence Be Increased if I File an Appeal?
Your sentence generally does not increase if you file an appeal and usually does not result in a harsher punishment. The problems under review and any further processes that may occur, however, determine the conclusion. Before choosing to pursue appellate review, you should be aware of the possible outcomes because each case is unique. An attorney can help you.
Should I Keep Copies of My Court Records After a Conviction?
Yes, you should keep copies of your court records after a conviction. Records, sentencing documents, motions, and trial transcripts can be helpful if you decide to file an appeal or post-conviction relief at a later date. Having organized copies may help you review the case history and spot issues that need further review.
Contact Stockstill Defense Firm
Many appellate and post-conviction cases are time-sensitive and have strict deadlines by which petitions must be filed. At Stockstill Defense Firm, we serve clients throughout Lafayette and other communities by explaining the appeals process and assessing possible options for post-conviction relief. Contact us today for a consultation.
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