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