If you are in immediate danger, CALL 911.

Quick Exit
Post-Conviction Survivor Resources Logo

Louisiana

State Resource Guide

Download PDF

The Post-Conviction Process

Click on the underlined links to view more information. 

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Prosecutorial Review

Clemency

Victims have rights throughout this whole process. Click here to learn more.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.
  • These can include motions to be resentenced or for a new trial based on new evidence or legal errors in the proceedings. In certain situations, the prosecution may also file a motion to modify the sentence.
  • Victims can receive information about post-trial motions from the District Attorney’s office in the Parish where the crime was prosecuted. 

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-sentencing motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”
  • On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
  • The District Attorney’s Office represents the state on direct appeal. To receive appeal updates, victims should contact the Appellate Division of the District Attorney’s Office in the Parish where the crime was prosecuted. 

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed that are filed after the direct appeal process has ended.
  • These motions can seek many outcomes, including invalidation of the conviction, a reduced sentence, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
  • The District Attorney’s Office or the Louisiana Attorney General represents the State in state post-conviction proceedings. To receive updates on the state post-conviction process, victims should contact the Appellate Division of the District Attorney’s Office in the Parish where the crime was prosecuted.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under Louisiana law may go to federal court in a process called “habeas corpus.”
  • Relief in federal habeas corpus is available only in specific and rare circumstances. Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.
  • The District Attorney’s Office or the Louisiana Office of the Attorney General represents the State in federal habeas corpus proceedings. To receive updates on federal habeas corpus, victims should contact the Appellate Division of the District Attorney’s Office in the Parish where the crime was prosecuted.

Early Release Programs

These programs include parole, medical parole, geriatric parole, compassionate release, and earning “credits” in prison.
  • If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in Louisiana, including parole, medical parole, geriatric parole, compassionate release, and earning “credits” that reduce the length of their sentences for good behavior or completion of rehabilitative, educational, or other programs.
  • Victims can register online for notification through th Crime Victims Service Bureau (CSVB) and VINE. Victims can also contact the Louisiana Victim Outreach Program (LaVO) or the Louisiana Department of Safety’s Victim Services Unit at 225-342-1056 for additional support. Victims can access the form for parole impact statements here.

Prosecutorial Review

Prosecutors can reconsider the conviction or sentence to be sure it is just.
  • In Orleans Parish, convicted individuals may ask the local prosecutor’s office to review their convictions or sentences. The office focuses on cases in which evidence now suggests the person is innocent, where the conviction was obtained by prosecution or law enforcement misconduct, or through the use of racially discriminatory prosecution or law enforcement practices or the use of a racially discriminatory law.

Clemency

In rare cases, the governor may grant the convicted person relief from their conviction or sentence.
  • The governor can grant clemency to people convicted under Louisiana law. The Board of Pardons helps the governor in this process. In Louisiana, clemency typically takes one of two forms: a pardon (which forgives a conviction) or a commutation (which shortens a person’s sentence).
  • Victims can receive notification of clemency by registering online with the Crime Victims Service Bureau (CSVB). Victims can access the form for clemency impact statements here.

Victims Rights
Post-Conviction

In Louisiana, victims have the right to:
  • Be treated with fairness, dignity, and respect
  • Be heard at all critical stages of post-conviction proceedings
  • Notification of parole and pardon hearings*
  • Be present and be heard in parole, pardon, and reentry processes
  • Be informed through consistent, reliable, easy access to information
  • Prompt and final conclusion of the case after conviction and sentencing
  • Notification of successful court appeals*
  • Notification of release, escape, or apprehension of the incarcerated individual*
  • Request restitution and apply for crime victim’s compensation
  • Prompt return of property no longer needed as evidence

 

* All rights to notification require the victim to provide and update their information with the District Attorney, Attorney General, Department of Corrections, and/or the Board of Paroles and Pardons.

Compensation

  • Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, the Louisiana Crime Victims Reparations Fund reimburses victims for expenses related to the crime, such as medical expenses, lost wages, and funeral expenses.
  • For help with restitution, victims can contact the District Attorney’s office in the Parish where the crime was prosecuted and the Crime Victim Services Bureau of the Louisiana Department of Public Safety and Corrections by phone at 888-342-6110 or 225-342-1056. For assistance with the Louisiana Crime Victims Reparations (CVR), victims may call 225-342-1749 or 1-888-6-VICTIM. Victims can review the application and contact the CVR investigator for their parish. Applications must be filed within one year of the crime, with limited exceptions.
Click here to learn more about the post-conviction process and victims’ rights in Louisiana

Back to State Resources

State Resource Guides