Indiana Criminal Appeals: What You Need to Know

Posted on September 8, 2023 by admin

When navigating the labyrinth of the legal system, understanding the intricacies of criminal appeals can be daunting and downright confusing. In the state of Indiana, criminal appeals play a pivotal role in the justice system, providing a mechanism for challenging and reviewing lower court decisions. This blog aims to demystify the often complex process of appeals set forth by the appellate court, providing you with the crucial information you need to know.

Whether you’re a law student, an individual familiar with the justice system, or someone seeking insights into your own case, this comprehensive guide will serve as your roadmap. Let’s delve into the world of criminal appeals, and remember, the importance of a skilled criminal defense lawyer in such matters cannot be overstated.

Call 317-636-7514 to Speak With a Trusted Appellate Lawyer Near Indianapolis

What is a Criminal Appeal?

A criminal appeal is a legal process in which an individual convicted of a crime challenges their conviction or sentence before an appellate court. The appeal process allows the accused to seek oversight from a higher court, whereby errors made in the lower court are identified and corrected. During this review, the court will analyze the proceedings that occurred in the lower court and determine if any legal errors were made by the judge or jury. If they find that such errors occurred, it is possible for a criminal conviction to be reversed or modified on appeal.

When Must an Appeal Be Filed?

Under Indiana law, you must file an appeal within 30 days of your sentence being imposed in the lower court. This deadline is strict and failing to file within the allotted time frame may result in your case being denied, so it’s crucial to be diligent with filing deadlines. After the appeal has been filed, an appellate court will schedule an appeal hearing in order to review the case. At this time, they may decide that oral arguments are necessary or that further documentation is needed from either side before a final ruling can be made.

What Is the Role of a Criminal Defense Lawyer?

In criminal appeals, having an experienced and knowledgeable criminal defense lawyer is essential; after all, they are best suited to assist you in navigating the complex proceedings associated with appellate court review. A skilled attorney will possess extensive knowledge of state and federal law relevant to your case, as well as be familiar with court procedures and the rules of evidence. Additionally, they will have experience in ensuring that all relevant deadlines are met, and paperwork is filed properly in a timely manner.

What Happens if an Appeal is Denied?

If an appeal is denied, the conviction and sentence imposed by the lower court are upheld. However, in certain circumstances, you may be able to file a second appeal known as a petition for rehearing or reconsideration. This petition will ask the initial appellate court to review their decision and explain why they believe it should be overturned. If the request is granted, the court may hear additional arguments or ask for supplemental briefs. In some cases, they might even order a new trial in the lower court before making a ruling.

In Conclusion

In Indiana, criminal appeals provide individuals convicted of crimes an opportunity to challenge their convictions or sentences before an appellate court. To ensure your appeal is successful, it’s important to understand the intricacies of the process and remain mindful of filing deadlines. Above all, however, having an experienced criminal defense lawyer to help navigate this complex legal issue is key; rest assured that a qualified attorney will be committed to advocating for your success and fighting for your rights.

This blog has hopefully provided insight into the world of Indiana criminal appeals, but it is important to remember that the legal system can be complex. If you are facing a criminal appeal in Indiana, contact an attorney immediately for assistance; they will have the knowledge and experience necessary to ensure the best possible outcome for your case.

Would you like to fight the system and turn around your recent criminal conviction? Get a defense lawyer who won’t back down. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer about appealing your criminal conviction and/or sentence in Indiana. We can get you the best possible outcome to your appeal case!

How to Improve Your Chances of Winning a Criminal Appeal

Posted on June 28, 2023 by admin

If you’ve been convicted of a crime, and you want to challenge the conviction in court, then filing an appeal is your best option. An appeal is when an appellate court reviews the decision of a lower court and decides if it was correct or not. It can be difficult to win an appeal but there are steps that can be taken to improve your chances.

In this blog post, we will discuss how to better position yourself for success when appealing a criminal conviction. We will look at strategies such as researching legal precedents, gathering evidence, finding expert witnesses and more. Read on to find out how you can give yourself the best chance of winning your criminal appeal!

Call 317-636-7514 to Speak With a Criminal Appeals Attorney in Indianapolis Indiana

Understanding What Happens at a Criminal Appeals Hearing

When a conviction has been made in a criminal court case, the defendant, their criminal defense lawyer, or both may seek a criminal appeals hearing. At this type of hearing, the defendant’s legal team will present information to the appellate court that they believe shows errors or procedural mistakes that occurred during the initial trial and subsequent conviction.

During a criminal appeals hearing, both the prosecution and defense will have the opportunity to argue their case, but the appellate court’s main job is to review the lower court’s decision-making process, ensuring that the case was tried fairly and properly. Ultimately, the appellate court will then either affirm the lower court’s decision or overturn it and order a new trial.

Tips for Winning a Criminal Appeals Case

Hire an Appellate Lawyer: A criminal appeals hearing is a legal process that allows a defendant to challenge their conviction or sentence, but the process can be complex and challenging. Hiring a criminal defense lawyer can help make the process easier and can increase the chances of a successful appeal. An experienced appellate attorney can help with various aspects of the appeal, including identifying legal errors, gathering and analyzing evidence, and presenting a strong case in court. Additionally, they can provide guidance on what to expect during the appeals process, including what evidence to present, how to address the court, and how to navigate the complex legal procedures.

Do Your Research: The first step to take when preparing for an appeal is to research legal precedents. This means looking into other cases with similar facts and circumstances and comparing them to your own. This can provide you with valuable insight into the likelihood of winning a criminal appeal as well as helping ensure that you are not making any mistakes in your arguments. Additionally, it’s important to be familiar with the laws surrounding your case so that you can make better informed arguments in court.

Gather Evidence: It’s also important to gather evidence that supports your argument. This could include documents such as witness statements, police reports, photographs, or video footage. Anything that provides proof of innocence should be presented during the appellate process.

Find Expert Witnesses: Identifying and interviewing expert witnesses is essential for a successful appeal. Expert witnesses are individuals who can provide testimony or evidence that supports your case. They may be professionals in the field of medicine, psychology, engineering, or law, just to name a few. It’s important to find an experienced and knowledgeable expert witness who can help make your arguments more convincing.

Write Effective Documents: When appealing against a criminal conviction, it’s important to write effective documents such as appeal briefs or motions. These documents should explain why you believe the lower court erred in its decision and how your side of the argument is correct. You should also cite legal precedents that support your argument as well as any evidence you have gathered.

Be Prepared: Finally, it’s important to be prepared for the hearing in the appellate court. This means coming to court with all your documents and evidence organized and ready to be presented as well as being familiar with the laws surrounding your case so that you can answer any questions from the judges.

In Summary

By following these steps, you can give yourself a better chance of winning a criminal appeal. It’s important to do your research, gather evidence, find expert witnesses, and write effective documents as well as come prepared for the hearing in court. With some hard work and dedication, you may have success in overturning your conviction!

Are you unhappy with your recent criminal conviction? You need a defense lawyer who won’t let you down this time. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer about appealing your criminal conviction and/or sentence in Indiana. Our criminal lawyers will get you the best possible outcome to your criminal case!

Understanding the Impact of a Criminal Record in Everyday Life

Posted on April 12, 2023 by admin

Having a criminal record can have an immense impact on your life. It can make it difficult to find jobs, housing, and even educational opportunities. But while the consequences of having a criminal record are real, there may be ways to mitigate them by expunging or sealing your record or appealing a conviction.

In this blog post, we’ll discuss how understanding the effects of a criminal record in everyday life is essential for making informed decisions about your future. We’ll also explore some strategies that you can use to minimize the damage done by past mistakes including criminal appeals and background checks. Finally, we’ll look at the process of expungement so you know what options are available if you want to clear your name once and for all.

Call 317-636-7514 to Speak With an Indianapolis Criminal Record Expungement Lawyer

How a Criminal Record Can Hold You Back in Life

The most obvious impact of having a criminal record is the difficulty finding a job or being considered for a promotion within current employment. Since many employers conduct background checks, they may decide not to hire or promote an applicant with a criminal record. This can make it difficult to secure employment and work towards financial independence. Additionally, some housing and rental applications conduct background checks, so it is possible that your application to rent an apartment or lease a vehicle could be rejected due to your criminal history. Furthermore, certain educational opportunities may become inaccessible if you have been convicted of a crime, as well as your dating and social life.

Appeals for Recent Criminal Records

While these consequences are serious, there are ways to reduce their impact on your life. If you were convicted of a crime but believe that you have been wrongfully accused or punished, you can file for an appeal through the appellate court system in your state or country. Depending on the outcome of your appeal, it may be possible for you to clear your name and potentially have the charges removed from your criminal record. Additionally, depending on which state you live in, there could be an option to expunge or seal a criminal record so that employers or landlords cannot see it during background checks.

Criminal Record Expungement and Record Sealing

For those wanting to pursue expungement of their older criminal records, the process is typically quite complex and can vary greatly depending on where you are located. Generally speaking, a person must first file a petition with the court that outlines why they believe their conviction should be vacated or expunged. After this is done, the prosecutor may review the case and decide if they will agree to an expungement or not.

If they agree, the court will typically hold a hearing to discuss the petition and make a final decision. From there, the petitioner can take further action if they need to in order to clear their name. It is necessary to hire an experienced criminal record expungement lawyer to manage your petition because it is a difficult application process and you are only allowed to file one time in your life. Just one innocent mistake, like a missed deadline or skipped line, will result in your petition being denied.

Indiana’s Second Chance Law

Indiana’s Second Chance Law is a state statute that allows eligible individuals to have their past criminal records expunged or sealed. This law is designed to help people who have made mistakes in their past and want to start over with a clean slate. It can be a game-changer for those who are struggling to find a job, housing, or schooling due to their criminal history. The Second Chance Law provides a path for redemption and the opportunity for individuals to regain their rights as citizens. However, it is important to note that not all convictions are eligible for expungement, and the process can be complex. Therefore, it’s crucial to seek legal advice before pursuing the expungement process. Overall, Indiana’s Second Chance Law offers hope and a chance for a brighter future for those who qualify.

Clean Up Your Criminal History This Year!

Understanding the impact of a criminal record in everyday life is essential for making informed decisions about your future. Knowing which avenues that you have available to minimize the damage done by past mistakes can empower you to create a better future for yourself. Whether that means filing an appeal or seeking expungement of your conviction, it’s important that you understand your options before taking action. With knowledge comes power, so make sure you do your research and get informed about how to best manage the effects of having a criminal record on your life!

Are you ready to expunge, seal, or appeal a conviction so that you can have a cleaner permanent record? Contact the Law Office of David E. Lewis today at 317-636-7514 to book an appointment with an experienced criminal record expungement lawyer in Indianapolis, Indiana. Our services for expunging and sealing criminal records starts as low as $850, so act now before it’s too late!

What You Should Know Before Attending an Appeal Hearing in Indiana

Posted on February 17, 2023 by admin

Are you considering filing an appeals case in Indiana? If so, it’s important to be aware of the appeals process and what you need to do before attending a hearing. The appeals process can seem overwhelming at first, but with the help of a knowledgeable criminal defense lawyer or appellate attorney, your chances of success are much greater.

Continue reading to learn what you should know about appeals hearings in Indiana and how best to prepare for one.

Call 317-636-7514 to Speak With a Criminal Appeals Lawyer in Indianapolis, Indiana.

Understanding the Appeals Process in Indiana

The Indiana Court of Appeals Process

The appeals process in Indiana is relatively straightforward, but it’s important to understand what you need to do for each step of it. An appeals case begins when a party files an appeal with the appropriate court. From there, the appeals court will review the case and issue a ruling.

Gather Your Evidence and Arguments

Before attending a hearing, make sure you have all of your evidence and arguments ready. This includes any documents or other evidence that could support your argument as well as legal precedents that may bolster your claim. You should also prepare yourself to answer questions from judges or opposing counsel during the hearing if necessary.

Hire an Experienced Criminal Appeals Lawyer

An appeals hearing can be an intimidating experience, and it’s best to have a knowledgeable criminal appeals attorney on your side. A good Indianapolis appellate lawyer will know the appeals process inside and out, as well as how best to present your case in front of a judge or appeals court.

Prepare for Questions from the Appeals Court

Appeals courts may ask questions during the hearing that could challenge your arguments or evidence. Make sure you are prepared to answer any questions from the appeals court with confidence and clarity.

You Can Ensure a Better Chance at Success

Appeals hearings can be daunting experiences, but with proper preparation, you can make sure that your case is presented in the best possible light. If you’re considering filing an appeal in Indiana, contact an experienced criminal appeals lawyer in Indianapolis to discuss your options. They can guide you through the appeals process and help ensure that your case is heard in front of the appeals court. With their expertise, you’ll have a much better chance of success!

Are you ready to appeal your conviction so that you may avoid jail time altogether? Contact the Law Office of David E. Lewis today at 317-636-7514 to book an appointment with an experienced criminal appeals lawyer in Indianapolis, Indiana. Our legal team is devoted to providing astute and aggressive criminal defense for appeals, all while fighting for your entitlement to a reduced or dismissed conviction.

How the Appeal Filing Process Works in Indiana

Posted on September 23, 2022 by admin

Did you just lose your criminal case? Are you devastated by the verdict handed down to you in criminal court? The good news that you are desperately in search of right now is here: you still have legal options. You can choose to file an appeal, even if you’ve just lost one.

Continue reading to learn how the appeal filing process works in Indiana, plus a bonus tip on which criminal defense law firm to choose for the best possible outcome in appellate court.

Appellate Court Lawyer Indianapolis Indiana 317-636-7514

The Indiana Procedures for Filing an Appeal

Indiana procedures for filing an appeal in criminal court are pretty straightforward. There are four basic steps, all of which will require the assistance of a licensed and experienced criminal defense attorney in Indianapolis. These steps include petitioning for an appeal, appellee response, court reviews, and appellate court verdict.

Filing the Appeal

The first step in the Indiana appeal filing process is petitioning for appeal. The appellant is required to file an official Notice of Appeal coupled with a written argument decreeing their basis for appealing the court’s verdict.

Getting the Appellee Response

The next step in the appeals process is to receive the appellee’s response to the appeal. The appellee is the opposing party, and they must respond to the Notice of Appeal within a certain time frame and also with a written argument describing their stance on the approval of an appeal. During this stage of the process, the appellee can actually cross-examine the appellant.

Waiting For the Court to Review Both Arguments

During this phase of the appeals process, the courts will review arguments provided by both parties. They will decide if any legal errors occurred during the original criminal justice and court process. It is very common for both parties to appear before the judge and provide oral arguments and cross examinations to prove their case.

Hearing the Appellate Court Verdict

The appellate court hands down their verdict in the last phase of the appeals process. At this time, the appellant will learn if their appeal is denied or approved. Appeals are denied when the appellate court agrees with the lower court’s original decision or verdict.

Are you looking for an experienced appellate court lawyer in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our law firm will get you the best possible outcome to your criminal case!

How to Appeal Your Indiana Criminal Sentence

Posted on October 19, 2021 by admin

Whether you have been wrongfully convicted or sentenced too harshly, your best recourse is to file a criminal sentence appeal. Continue reading to learn how to appeal your Indiana criminal sentence, including who to trust for superior and aggressive criminal defense representation.

Criminal Appeals Lawyer Indianapolis Indiana 317-636-7514

Appealing a Criminal Sentence Requires the Help of a Skilled Lawyer

If you want to successfully appeal a criminal sentence in Indiana, you will need a skilled and seasoned defense lawyer who has experience with criminal appeals and expungements. Without the help of an experienced criminal defense lawyer, your chances that appealing or reducing your criminal sentence are few and far between.

Criminal Convictions Versus Criminal Sentences

First you are convicted, meaning you are found guilty of the charges brought against you. Once you are convicted, you will be sentenced to certain penalties for your fence. However, you can appeal your conviction and your criminal sentence at the same time. However, you have a limited period of time to file a notice of appeal, which is just another reason why it is so important to hire a professional criminal defense lawyer to navigate your proceedings. Your attorney can make sure that you meet all deadlines and submit all necessary documents to move forward with a successful criminal sentence appeal.

Appealing Legal Errors

The majority of criminal sentences that are appealed successfully are those that contain legal errors that contributed to the conviction or sentencing in the first place. For instance, if the judge makes a mistake applying the law in your sentencing or applies the wrong sentencing factors or the wrong penalty provisions, you have a good chance that appealing since the errors led to an incompatible or unfair sentence.

Plea Bargains

Sometimes, plea bargains include a clause that waive a defendant’ rights to an appeal if they accept the plea bargain. So, if you plead guilty pursuant to a plea bargain, and the plea deal contained declarations that waive your right to filing an appeal afterwards, you cannot appeal your sentence or conviction. You may be eligible for criminal record expungement after some time passes from the date of your conviction.

Losing Your Appeal

If your criminal sentence appeal is unsuccessful, your defense attorney may be able to submit a criminal record expungement application for you. A new law in Indiana allows past offenders Indiana allows certain people to or seal their criminal records from the public, making it much easier to get a job, get a loan, apply to college, rent housing, and much more.

Are you looking for a skilled Indiana criminal defense attorney who can appeal or reduce your criminal sentence? Contact Attorney David E. Lewis at 317-636-7514 for qualified legal representation for criminal appeals and expungement in Indianapolis, Indiana.

Indianapolis Criminal Defense 317-636-7514 — Schedule a Free Consultation Today!

How to Reduce Your Criminal Charges

Posted on June 11, 2021 by admin

After being arrested, the reality soon sets in. No one wants to face serious consequences or legal penalties that go along with being charged with the crime, let alone be convicted of one. Because once convicted, a person tends to face a whole other set of challenges in life, like applying for jobs, entering the dating world, applying for loans, sending in college application forms, signing a lease of the landlord, and much more. A criminal record can impact all of these areas of life and more. As a result, most criminal defendants immediately look for ways that they can reduce, or better yet dismiss, the criminal charges they are facing.

If you are currently facing criminal charges and seek to reduce or dismiss them, continue reading to learn tips on how to do so and where to get started on your defense.

Criminal Defense and Appeals Indianapolis IN 317-636-7514

Plea Bargains and Plea Deals

Plea bargains and plea deals are the same. No matter what you choose to call them, plea bargains are a legal agreement that can truly help the outcome of your criminal case. A plea bargain is your number one method of reducing your criminal charges. Typically offered by the prosecution, but sometimes also the judge or presiding magistrate, plea deals are generally a common element of every criminal case. Most criminal defendants are offered some sort of plea bargain to reduce their criminal charges or subsequent penalties.

Plea Bargain – A deal made between prosecution and criminal defendant for the purpose of abating maximum penalties and subsequent legal consequences for the criminal conviction they face. Basically, each side gives up something to receive something in return.

How a Plea Deal Can Help You

A plea deal can help you in many ways. Most often, a plea deal involves the prosecution agreeing to not bring your case to trial, and therefore, not subject you to the fullest conviction for your charges. Although you make a deal to plead guilty for the criminal charges, your charges are lowered and you are granted leniency when it comes to the scheduled legal penalties for such charges, such as jail time, license suspension, probation, house arrest, fines, and more.

Has it been more than 3 years since you were charged with a Class D felony in Indiana? A new law has passed that may allow you to reduce this charge to a Class A misdemeanor. Contact an Indiana criminal appeals lawyer to determine your eligibility.

Not All Cases Involve Plea Deals

Keep in mind that plea deals are not offered in every single criminal case, as they must be approved by the court. For this reason, it is vital that you hire a private Indianapolis Indiana criminal lawyer to build a strong and impactful defense against your charges. They can either dismiss your criminal charges altogether, or get you the best plea deal possible.

Avoid the maximum penalties for your criminal charges by hiring a seasoned criminal defense attorney in Indiana. Contact Attorney David E. Lewis at 317-636-7514 to schedule a free case evaluation, today.

You Might Also Enjoy:

Information About State Felony Appeals and Criminal Defense
Is it Possible to Reduce My Criminal Charges?
Possible Court-Ordered Penalties for Felonies and Misdemeanors in Indiana