Indiana Criminal Appeals: What You Need to Know

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
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!

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How to Improve Your Chances of Winning a Criminal Appeal

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
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!

Related Posts:

What You Should Know Before Attending an Appeal Hearing in Indiana
Your Guide to Appealing an Indiana Criminal Conviction
Information About State Felony Appeals and Criminal Defense

How the Appeal Filing Process Works in Indiana

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
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!

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Do I Have Another Option if I Lose My Appeal?

Losing is never fun. But when it comes to criminal matters, the consequences of losing in any aspect can be devastating to your future and your freedoms. After being convicted of a crime in Indiana, it is common for defendants to file an appeal with the courts to turn around a conviction or the ordered sentencing. When you lose your criminal appeal, you might immediately be asking, “what’s next?”, and you would not be alone. Most appellate court losses are followed by questions about alternative legal recourse options.

If you too have just lost your appeal, or afraid you might, continue below to learn what you need to know about moving forward from your loss.

Appellate Lawyers Indianapolis Indiana 317-636-7514
Appellate Lawyers Indianapolis Indiana 317-636-7514

Why Appeals Get Approved or Denied

Going to appellate court can be intimidating because you simply cannot predict the outcome of your hearing. You may be granted an appeal under your desired conditions, or you may be denied and forced to continue with your fight to preserving your freedoms and protecting your rights. In most cases, appellate courts deny appeals because they agree with the original verdict and sentencing of the lower courts and did not verify any errors in the judicial or criminal process. If the court does have concerns or doubts about the lower court’s verdict/sentencing, or suspect errors in the process, they may grant an appeal.

Your Next Steps After Losing an Appeal in Indiana

If you do lose an appeal, you may have some options left on the table. But first and foremost, it is vital that you have a seasoned Indianapolis criminal defense lawyer working your case, otherwise you have little to no chance at obtaining a successful legal outcome. Choose an Indianapolis criminal attorney who specializes in Indiana appeals and expungements for the best chance at appealing an appellate court denial.

Depending on the nature of your conviction/crimes, here’s what a criminal defense attorney might do after you lose an appeal:

Petition For a Rehearing

Your Indiana criminal defense lawyer can petition for a rehearing to address any errors, misstatements, exclusions of information, oversights, or similar flaws in the legal process you believe impacted the appellate court’s decision.

File an Application for a Writ of Habeas Corpus

Your criminal defense lawyer can also file an application for Writ of Habeas Corpus. This is a type of post-conviction relief that is only eligible for certain criminal defendants. It is often used for convicts in prison who have exhausted all other efforts for appeals.

File a Petition to Transfer the Case

After losing an appeal in Indiana, you may be eligible to file a petition to have the case transferred to another appellate court. This option is generally fulfilled when there is a significant and strong question of law, or if there are issues with standardization in decisions.

Appeal to a Higher Court

The final “Hail Mary” option available to eligible defendants after losing an appeal is to bring their case before a higher court, either the State Court of Indiana or the Federal Supreme Court depending on the nature of their crimes. Higher courts will only see certain cases, so this is an unlikely option for the standard convict.

Do you wish you had an aggressive and skilled criminal defense attorney who can fight your appeal and give you the best chance at reducing or dismissing your conviction? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with our experienced Indianapolis criminal defense law firm that specializes in appeals. We can hold meetings over the phone or in person at our Indy-based office.

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When Will I Make a Plea in My Criminal Case?

Criminal defendants in Indiana commonly want to know when they will have the opportunity to plead guilty or not guilty in the criminal case. Let’s start by briefly examining the different stages of a criminal case, including the point at which you are ordered to plea, convicted or acquitted, and sentenced if convicted. Continue below to get started.

Crime Lawyer Indianapolis IN 317-636-7514
Crime Lawyer Indianapolis IN 317-636-7514

The Common Order of Events in a Criminal Case

The common order of events in a criminal case are as follows: arrest, bail, arraignment, preliminary hearing, pretrial motion, trial, sentencing, and if applicable, appeals. Usually, the criminal defendant accepts a plea bargain from the prosecuting attorney, in which case all criminal proceedings basically come to an end. Accepting a plea bargain essentially means pleading guilty before a trial takes place.

Criminal Case Stages in Standard Order:

Arrest

State level criminal cases begin with an arrest, either on the spot or following an arrest warrant surrender. If suspected of federal charges, the criminal process begins with an indictment. Once the defendant is arrested, they are placed in custody at the local county jail or Sheriff’s office.

Bail

Once a defendant is placed in custody, they will be booked and processed into the jail’s database system by jail staff. If the defendant is arrested under the influence of drugs or alcohol, jail staff must wait at least eight hours to ensure the defendant is sober before getting started on booking them. Once the booking process is complete, the inmate is given the opportunity to post bail. Bail is usually set by a judge or other court officer between 24 and 48 hours of the arrest, but it can also be denied by the judge if certain factors apply.

Pursuant of Indiana Rules of Trial Procedure, local circuit court rules specifically state, “A person arrested and incarcerated without a warrant should be released from custody within forty-eight (48) hours of arrest unless a judicial determination of probable cause for arrest has been obtained or extraordinary circumstances exists which prohibit the holding of a hearing on probable cause within forty-eight (48) hours.”

Arraignment

If you were wondering when a defendant is given the opportunity to make a plea in their criminal case, the answer would be during their arraignment. At the arraignment, the judge will read the defendants their criminal charges, and then give them the opportunity to plead guilty or not guilty. A defendant’s arraignment is their first official court appearance. Typically, by this point they would have already hired a private criminal defense lawyer in Indianapolis. If not, the judge will give the defendant the opportunity to accept a public defender at this point in the criminal process.

Preliminary Hearing

The preliminary hearing, also known as the initial hearing or preliminary examination, is the next stage of the criminal process. In some cases, states will bring criminal charges by grand jury indictment. Federal cases are required to bring charges by grand jury indictment. During the preliminary hearing procedures, both the prosecution and defense legal teams will go back and forth questioning witnesses and the defendant. This hearing is used to establish probable cause. If the case gets dismissed because there is not enough evidence to support the criminal charges, it will happen at the preliminary hearing.

Pretrial Motion

Also known as a pretrial conference, this hearing takes place before the defendant’s trial hearing. It is simply a meeting between both the prosecuting attorneys and the defense attorneys, to discuss pre-trial motions and other trial-related issues. At this meeting, it will be decided if the case will go to trial, or if a plea bargain can be agreed upon instead. If a plea agreement is made, then a trial will not be needed.

Trial

Following the plea of guilty or not guilty, the defendant will be found one way or another at their trial. It is the prosecution’s responsibility, or burden, to prove beyond a reasonable doubt that the defendant is guilty of their alleged criminal charges. If prosecution fails to do so, the defendant will be found not guilty. Otherwise, the trial is when defendants are handed down a guilty verdict.

Sentencing

At the sentencing hearing, the defendant will learn what their penalties are for their convicted criminal charges. Common court-ordered penalties for guilty convictions include jail time, fines, probation, house arrest, ankle monitoring programs, drug or alcohol rehabilitation, educational courses, and more.

Appeals

If a defendant is found guilty at their trial, their criminal defense lawyer can file an appeal in appellate court to either reduce or turn around their client’s conviction, or to be given a retrial. Requesting an appeal means a defendant wants their case reviewed by a higher court to ensure authenticity and due diligence.

Are you looking for a skilled criminal defense lawyer to protect you from the maximum penalties for your criminal charges in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for superior and aggressive Indianapolis criminal defense you can count on. We can meet over the phone, via online video conference, or in person at our office.

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Your Guide to Appealing an Indiana Criminal Conviction

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:

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Information About State Felony Appeals and Criminal Defense

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

The 3 Most Common Actions Appellate Courts Take

If your case is headed for appellate court, you may be interested in learning what outcomes might come about. Most often, an appellate court will take one of three actions: affirm, vacate, or modify. Continue reading to more about each action, and how you can best prepare for your upcoming hearing.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514


Typically, an appeals case is reviewed by a panel of 3 or more judges. They will go over all the details and aspects of your appeal and your appeal brief, before making a decision on your case. During this review hearing, defendants are not usually ordered or requires to appear in court. In place of you appearing in court during this time of review, the appeals court can set your case for “oral argument”, meaning your lawyer can verbally argue your case in front of the judges.

Vacate

If the majority of judges on the panel decide that your appeal is correct, they will remove, or “vacate”, the conviction handed down by the lower court. This entitles you, as the defendant, to a new trial in the lower court, whether state or federal.

Affirm

If the majority of judges on the panel decide that your appeal is incorrect, they will stand by, or “affirm”, the lower court’s conviction. This means you cannot ask for a new trial in the lower court, and you will have to accept the judgement and subsequent sentence.

Modify

If the majority of judges on the panel decide that your appeal is both correct and incorrect, they will make changes, or “modify”, the conviction of the lower court. In this case, you may be entitled to reduced penalties, such as fines, community service, and jail time. Although they make some changes, the rest of the lower court’s judgement will stand.

How to Best Prepare for Your Appeal

Appellate courts are much different from criminal courts in terms of process and procedure. In order to present an appeal to the best affect, you would need the services of a skilled Indianapolis criminal defense lawyer because they have the knowledge, experience, and resources to build a strong and impactful defense in order to defend your rights, protect your freedoms, reduce or dismiss jail time, and much more.

Most often, a defendant would use their current criminal defense attorney to represent their appeal. If you do not wish to use the same lawyer, 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.

Indianapolis Criminal Defense You Can Trust

David E. Lewis Attorney at Law

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

Call Attorney David E. Lewis at 317-636-7514 for Indianapolis criminal defense for appeals in Indianapolis, Indiana. We never stop fighting to preserve your rights and your freedoms. Plus, we offer free initial consultations to discuss your charges and the best strategies for defense. Contact us today to learn your rights and get started on your appeal!

Information About State Felony Appeals and Criminal Defense

If you have been convicted of a state-level felony offense, you are in need of immediate criminal defense! Learn what you need to know about appealing a felony conviction and where to find aggressive legal representation to fight for your rights and preserve your freedoms.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Your Right to an Appeal

Those convicted of a state felony offense, but have not yet pleaded guilty to the conviction, may have the opportunity to appeal in a state court of appeals. Unfortunately, those who have already plead guilty to a state felony crime have also forfeited their right to an appeal.

Your Criminal Defense Lawyer’s Role

In order to appeal a felony conviction, you would need to present your appeal to a state appellate court. Appellate courts are much different from criminal courts in terms of process and procedure. So in order to present an appeal to the best affect, you would need the services of a skilled criminal defense lawyer. They have the knowledge, experience, and resources to build a strong and impactful defense in order to defend your rights, protect your freedoms, reduce or dismiss jail time, and much more.

Appealing a Felony Conviction

As the defendant, you hold the burden of proving your appeal. In fact, the opportunity to appeal will not be offered to you by the courts, which means you alone have the responsibility of asking your criminal defense lawyer to put an appeal into motion. Keep in mind that criminal defense lawyers will not automatically file an appeal if a case is lost, unless it is officially requested by the client.

Winning Your Appeal

The progress of your appeal depends on the ruling of an appellate judge. The judge will review the case presented by you and your lawyer, and then decide whether or not there the appeal has any merit and deserves an appeal. If the appellate judge decides that the appeal is not valid nor warranted, it will be denied at your appellate hearing.
In the case that an appeal is granted, both the prosecution and the defense must turn in written briefs for appellate review; then a new verdict can be handed down by the judge. State court of appeals may declare a mistrial, overturn a guilty verdict, or reduce the original conviction.

Indianapolis Criminal Defense That Fights For You!

David E. Lewis Attorney at Law

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

Call Attorney David E. Lewis at 317-636-7514 for Indianapolis criminal defense that never stops fighting to preserve your rights and your freedoms. We offer free initial consultations to discuss your charges and the best strategies for defense. Contact us today to learn your rights and how to get started on your defense.

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.