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!

Your Guide to Appealing an Indiana Criminal Conviction

Posted on March 1, 2021 by admin

Although you were handed a guilty conviction by judge or jury, you do not have to accept it just yet. The U.S. Constitution gives American citizens the right to appeal their criminal conviction by requesting a new trial. Continue reading to learn more about the process of criminal appeals, and who to trust for advice regarding your recent conviction. Most often, a defendant would use their current criminal defense attorney to represent their appeal. For your appeal, choose a specialized attorney who is expert-certified by the state’s bar organization to practice criminal defense, and who also has experience with appellate law.

Retaining appellate criminal defense is the first step to your appeals process. Continue below to learn more.

Indiana Appellate Lawyer 317-636-7514 — Indianapolis IN Appellate Lawyer 317-636-7514

Motion to Withdraw a Plea

It is important to understand that you cannot appeal your conviction if your plead guilty, or entered a plea of no contest (nolo contendere). If you plead one of the two, you must first enter a motion to withdraw your plea, which is an entirely separate process than appeals. Under these particular circumstances, some states permit defendants to a limited indirect appeal without filing for a motion to withdraw. This is known as filing a “writ of habeas corpus.”

Because the appeals process varies greatly from state to state, the option to go this route is dependent on various factors unique to a defendant’s case and criminal charges. It is best to consult with your trusted criminal defense attorney for professional recommendations distinctive to your case.

2 Step Appeals Process

An appeal is an official legal document that states the lower court’s ruling as incorrect. They must be filed within 30 days of your conviction, so it is important to act fast if you want to move forward with turning over your conviction. There are two primary steps to filing an appeal once you’ve retained professional legal representation. The first step is to file a notice of appeal and send it to the court that sentenced you. This is a one to two page formal document that notifies the court that you are challenging their ruling against you, and that you are taking your appeal to the next highest court for re-adjudication.

Once you have sent your notice to the court, the second step is to file your appeal with the appellate court, which is the next highest court that has jurisdiction over your case. Along with filing your appeal, you must also file an “appellate brief.” An appellate brief is a document that contains a legal discussion explaining why the lower court’s ruling was incorrect. Most often, filing an appeal is not free. Not only do you have to pay for legal representation, but you must also pay to obtain a transcript record of your first case, as well as, court fees, filing fees, and more.

To get started on your appeal, contact a trusted and licensed criminal defense lawyer in your city. They have the knowledge, resources, and skill to advise you on the best course of action for your conviction. Just be sure to act fast since appeals must be filed within 30 days.

Were you convicted of misdemeanor or felony crimes in Indianapolis, Indiana? Contact Attorney David E. Lewis at 317-636-7514 to file an appeal or expunge your criminal record. We offer free initial consultations to discuss your charges and the best strategies for defense!

You Should Read:

Do I Withdraw My Plea or File an Appeal?
What You Need to Know About Indiana Expungement
Information About State Felony Appeals and Criminal Defense

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

Do I Withdraw My Plea or File an Appeal?

Posted on November 21, 2017 by admin

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

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 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.

INDIANAPOLIS CRIMINAL DEFENSE LAWYER

Tag Archives: Filing an Appeal