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.

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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 Prepare for Going to Jail

Posted on December 14, 2022 by admin

In last week’s blog, we discussed the different costs and expenses associated with going to jail. But aside from portending a budget during your sentence, there are other ways you should be preparing for extended incarceration. Continue below to learn how to prepare for going to jail in Indiana, plus where to get trusted legal advice for criminal appeals in Indianapolis.

Call Our Indianapolis Criminal Appeals Lawyers at 317-636-7514 Today.

Preparing for a Jail Sentence is Strategic

Now that you have been sentenced and know when you will be going to jail, it is important to start preparing yourself mentally and emotionally. Going to jail is a daunting experience. It can be hard to know what to imagine, and even harder to prepare for it. But by knowing what to expect and preparing for it ahead of time, you can make the process much easier on yourself. Let’s discuss what you need to do both before and after you go to jail.

What to Do Before You Go to Jail

Before going to jail, you should make sure that all of your affairs are in order. You will need to have someone take care of your property and pets, and you may want to say goodbye to your loved ones. It is also important to prepare your finances; you will likely be unable to work while you are in jail, so you will need someone to help manage your money.

You will likely feel scared, anxious, or alone – but it is important to remember that there are people who care about you and want to help. Talk to someone about how you’re feeling, read books or articles about incarceration, and find a support group made up of people who have gone through the same thing as you.

One of the most important steps to take before going to jail is to hire a certified and experienced Indianapolis criminal appeals lawyer. A criminal appeals attorney may be able to build you a strong and impactful defense to reduce your jail sentence or have you released altogether. They are your best chance at reducing or avoiding jail time.

As You Approach the Day of Surrender

When the time comes for you to actually go to jail, try not to spend too much time worrying about what might happen. Jail can be unpredictable, so it’s best not to dwell on things that might not happen. Instead, focus on making the most of the situation and doing whatever it takes to get through it safely and successfully.

Once You Are in Jail

When you get to jail, be sure to follow all instructions and rules. Respect the guards and other inmates and do your best to avoid trouble. Follow the facility’s guidelines, obey orders, and don’t break any laws while you are in jail. It is also important to take care of yourself physically. Make sure you eat healthy foods, exercise regularly, and get enough sleep.

Jail is not meant to be a walk in the park for a reason, so there will be some hardships along the way no matter how much you have prepared yourself. Just remember: no matter how difficult your situation is, know that you are not alone. There are people out there who care about you and want to help. If you ever need someone to talk to or just need a friendly ear, reach out for help – it could make all the difference in getting through this experience safely and successfully.

Conclusion

Ultimately, going to jail can be a scary experience and it is important to prepare yourself both mentally and physically before you go. Make sure that your affairs are in order, talk to someone about how you’re feeling, stay out of trouble while in jail, and take care of yourself physically. With the right preparation, you can make the most of your time in jail and come out stronger on the other side.

It is important to remember that you don’t have to go through this process alone; there are many resources available if you need help. Whether it be an Indianapolis criminal defense lawyer, mental health professional, or support group, do not hesitate to reach out for assistance. Additionally, it can be beneficial to talk to those who have been through similar experiences within the jail system. You don’t have to go through this alone and you can make it out a better person if you take the right steps.

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 our knowledgeable criminal appeals law firm in Indianapolis, Indiana. We offer aggressive and intelligent criminal defense for appeals and can fight for your rights to a reduced or dismissed conviction. Whether you’d like a virtual or in-person meeting, we have your back from our Indy office!

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.

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