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!

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.

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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!

Do I Have Another Option if I Lose My Appeal?

Posted on August 31, 2022 by admin

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.

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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.

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.

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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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The 3 Most Common Actions Appellate Courts Take

Posted on August 20, 2018 by admin

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.

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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.

❶ 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.

❷ 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.

❸ 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 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!

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.

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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.

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.