Do I Withdraw My Plea or File an Appeal?

After receiving a guilty conviction, the process of protesting it varies depending on various factors. For instance, if you do not go to trial, but plead guilty or no contest, you cannot appeal your guilty conviction. Instead, you would have to motion for a plea withdraw. In contrast, if you do go to trial and a jury finds you guilty, you can appeal the conviction. Continue reading to learn more about withdrawing a plea and filing an appeal, and the differences between them both.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Filing an Appeal

To file an appeal, you must have been found guilty by a judge or jury at trial. Filing an appeal is basically asking for a new trial. Defendants would need to hire a specialized criminal defense attorney known as an appellate lawyer. An appellate law firm practice focuses primarily on appealing convictions.

Withdrawing a Plea

To protest and turn over a guilty conviction that resulted out of a plea agreement, you would not file an appeal. Instead, you would have your criminal defense lawyer file a motion to withdraw your plea. This is an entirely separate process than the appellate court system.

Writ of Habeas Corpus

A writ of habeas corpus is a limited indirect appeal that allows you to protest your conviction without technically withdrawing your plea. Filing a writ of habeas corpus is only permitted in some states, and can only be pursed under very specific circumstances. Usually, this results when important information is withheld that, had you known at the time, would have influenced your original plea. This process is actually very similar to the appeals process.

Keep in mind that filing any appeal or motion does not guarantee that your conviction will be overturned, or that you will be cleared or acquitted of your charges. It is important to have a skilled and experienced Indianapolis criminal defense lawyer on your side, working your case and fighting for your rights.

Indianapolis Criminal Defense Lawyer

David E. Lewis Attorney at Law

David E. Lewis Attorney at Law 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 to get the aggressive Indianapolis criminal defense you need to avoid the maximum penalties for your charges in Indiana. We offer free initial consultations to discuss your charges and the best strategies for defense. Don’t fall victim to the maximum penalties for your criminal charges. Let our law firm fight for your rights and protect your freedoms.

How Does the U.S. Constitution Protect Our Basic Rights in the Criminal Justice Process?

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Every citizen of the United States enters the criminal justice system following an arrest. What is the criminal justice process exactly? It is all the procedures and obligations that take place from the time a person is suspected of committing a crime, through the time of their prosecution, and all the way to the completion of their case. Generally, it involves arrests, indictments, and a series of hearings, including preliminary hearings, arraignments, trials, and appeals. It can also extend past sentencing and appeals in the form of probation, jail time, and parole.

The U.S. Constitution and Due Process

The U.S. Constitution provides certain protections that cannot be broken, regardless if under persecution of law. The first 10 amendments in the U.S. Constitution are called the Bill of Rights, which are basically our fundamental freedoms as U.S. citizens. These freedoms remain valid and intact as a defendant in the criminal law system. In fact, the 14th Amendment specifically acknowledges how the law must abide by these rights when prosecuting a suspected criminal. Furthermore, it guarantees all citizens equal protection of the law, regardless of age, class, status, income, race, religion, or ethnicity.

Fourteenth Amendment (1868)
“(…) nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.”

Additional Amendments to Be Grateful For

The 4th Amendment provides protection to citizens in the case of arrests, searches, and seizures. It prevents law enforcement from implementing unlawful searches and seizures of property, as well as, decrees the limitations and requirements for search warrants.

Fourth Amendment (1791)
“(…) The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause (…)”

The 5th Amendment is particularly important for those suspected of a crime. It mandates that all citizens due process of law, as well as, prohibits a person from being tried twice for the same crime, also known as “double jeopardy.” It also protects defendants from being forced to provide testimony against themselves. It protects much more too.

Fifth Amendment (1791)
“(…) nor shall [any person] be compelled in any criminal case to be a witness against himself.” This is often referred to as “pleading the fifth.”

The 6th Amendment involves your rights to a “speedy and public” trial. It also provides your rights to an attorney and a trial by an impartial jury. This includes being informed of your charges and the evidence against you, and being permitted to be present when witnesses are testifying against you. It also allows you to call witnesses to your defense.

Sixth Amendment (1791)
“(…) the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed.”

The 8th Amendment gives citizens protection against excessive bail. This means that bail must be set at a reasonable and consistent rate, and match the type of crime.

Eighth Amendment (1791)
“(…) Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

If You Are Facing Criminal Charges…

It is only natural that you are concerned about your rights, your freedom, and your future. You may be asking yourself what to expect, but rest assure that you will have the protection of your U.S. Constitutional rights during the entirety of the criminal justice process. But you can’t just rely on your Constitutional rights to protect your from being sentenced to the maximum penalties for your criminal charges. This is why it is vital to retain a trusted and experienced Indianapolis criminal defense lawyer to protect your rights and your freedoms.

Indianapolis Criminal Defense

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 for aggressive criminal defense in Indianapolis, Indiana. Our law firm offers free initial consultations to discuss the best strategies of defense for your case. We work around the clock to ensure your rights are protected and your freedoms are preserved. You CAN avoid the maximum penalties for your charges with our aggressive legal representation. Call 317-636-7514 to get started, today.

Can I Request a New Public Defender?

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Facing criminal charges is scary, so it is understandable that you would want somebody working hard to protect your rights and your freedoms. When it comes to public defense, you may not be able to get the one-on-one, full-time attention you would normally get from a private criminal defense lawyer, but at least you are getting some sort of legal representation. Sometimes, using a public defender is not always a bad idea. For smaller cases that are considered petty or minor offenses, public defense may be all you need to avoid the maximum penalties for your criminal charges.

Regardless of the severity of criminal charges against you, if you were appointed a public defender that you are not comfortable with, you may have the option to request a new one. Continue reading to learn the general grounds for changing public defenders before your trial.

Swapping Public Defenders

If your public defender is difficult to work with, and you believe their professional behavior will have a negative effect on the outcome of your case, you are likely wishing you could have a new one. Unfortunately, swapping public defenders is not something that is regularly granted by the courts. A defendant must have sufficient cause and evidence to be appointed a new counselor. Here are some examples of what might be considered sufficient grounds to request a new public defender:

Your public defender is…

☛ frequently late or missing appointments;
☛ failing to meet deadlines for documents and paperwork;
☛ failing to inform you of your case status or court dates;
☛ trying to force you to enter a plea you do not want;
☛ ignoring or not using important case evidence;

How to Do it

If you insist on moving forward with changing your public defender, you need to start by taking detailed notes in a journal of your experiences with the attorney, and try to gather evidence, including things like pictures, mail, documents, and screen shots of texted conversations to prove their inadequacies.

Next, you need to contact the public defenders’ office and get the information you need from the office representative. You will have some paperwork to file to make a formal request. In some states, defendants are required to write the judge a letter requesting a new public defender and why. The public defenders’ office will let you know what you need to do in your state.

If you drop your public defender without asking a judge to appoint you a new one, you may not be able to get another one at all. In this case, you would have to represent yourself and risking being sentenced to the maximum penalties for your charges, or you could hire a private Indianapolis criminal defense attorney, instead.

Indianapolis Criminal Defense

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 for aggressive criminal defense in Indianapolis, Indiana. We work around the clock to ensure your rights are protected and your freedoms are preserved. Our law firm offers free initial consultations to discuss your case and the best strategies for defense.

Understanding the Purpose of Arraignments in the Criminal Law Process

There are several stages to the criminal law process, including investigations, warrants, arrests, indictments, bail hearings, criminal discoveries, preliminary hearings, sentencings, appeals, and more. But when it comes to criminal court, the first step following an arrest is an arraignment. Although the nature and procedures for arraignments vary among jurisdictions and type of crime, they all serve the same agenda. Continue reading to learn more about arraignments and what to expect at yours or your loved one’s upcoming hearing.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Arraignments

An arraignment is a fairly quick court hearing that is scheduled directly after a person’s arrest. When a person is arrested or a minor or non-violent crime, their bond amount is generally set at the time of arrest by the on-duty magistrate. This gives defendants the opportunity to post bond, get out of jail, and go on with their lives until they are notified by mail of their upcoming court hearing. This hearing is called an arraignment. For those arrested on more serious charges, and/or have several priors, they can be denied bail and must wait in jail until their scheduled bail hearing. Once their bail is decided on, the court hearings can begin, starting with the arraignment.

Their Purpose

Arraignments are fairly quick hearings that are generally over before a cup of coffee can go cold; however, they are one of the most crucial steps of the criminal law process for a defendant. Many things can take place at an arraignment, but the primary purpose is to notify the defendant of their rights in the criminal justice system, as well as the criminal charges against them, including the maximum penalties handed down upon a guilty verdict.

If a person has not been released from custody before their arraignment, it is common for their bail to be set at the same time since bail hearings are usually held around the same time as arraignments anyway. During an arraignment, it is also common for defendants to be given the opportunity to request public counsel; and if they qualify, the judge will approve it at the arraignment. Some jurisdictions will even request a defendant to enter an unofficial plea, even though it can be changed later on in the process.

Following an Arraignment

Once the arraignment takes place, the defendant receives a document as confirmation of initial hearing. This document proves that the defendant was read their rights and informed of their charges. From there, the rest of the criminal law process can take place. If a bail hearing has not already taken place, this could be the next step after arraignment. If bail has already been set, the next step is the criminal discovery process if it is permitted in their state. Otherwise, a preliminary hearing following by additional hearings, and then a sentencing trial is what generally comes next for a defendant.

Indianapolis Criminal Defense

David E. Lewis Attorney at Law

David E. Lewis Attorney at Law 317-636-7514

Talk to an Indianapolis criminal defense lawyer for qualified and proficient answers to your criminal law questions. If you are facing criminal charges in Indiana, you need an experienced and aggressive counselor in your corner fighting for your rights. David E. Lewis, Attorney at Law, is the criminal defense lawyer who will work around the clock to ensure your freedoms are preserved. Call 317-636-7514 to schedule a free initial consultation to discuss your case, today.