Criminal Appeals Attorney in Indianapolis, IN

Indiana Criminal Appeals Lawyer

Find a Criminal Appeals Attorney in Indianapolis, IN

A conviction or sentence in a criminal case is not necessarily the final word. Many individuals are unaware they have legal rights to challenge court decisions through a criminal appeals attorney at Dixon & Mosely P.C. in Indianapolis, IN. Errors may have impacted a trial or sentencing, and it’s critical to determine if that happened in any case. This process provides defendants with another chance to seek justice and correct potential procedural or judicial mistakes. We work with clients to make the most of this essential legal safeguard and exercise their rights as citizens guaranteed due process.

What Can Be Appealed by a Criminal Law Attorney?

If you’ve been convicted of a crime or feel that your sentence was unjust, you can appeal either or both:

Appealing a Conviction – This challenges the legal or procedural validity of your trial, such as claiming the evidence presented was insufficient or that key legal principles were ignored.
Appealing a Sentence – This focuses on whether the penalty imposed by the judge was legal and aligned with sentencing guidelines. Issues such as deviations from plea bargains or abuses of discretion could form the basis of your appeal.

It’s crucial to act quickly if you wish to appeal because of strict guidelines that are in place. Indiana law requires a Notice of Appeal to be filed within 30 days of your sentencing hearing to preserve your right to challenge a conviction or sentence.

Understanding the Appeals Process

Navigating an appeal is a specialized process distinct from a traditional trial, making having a knowledgeable criminal offense attorney on your side critical. Here are the primary steps involved:

Notice of Appeal – Filing this document within the allowable time frame signals your intention to challenge the court’s decision.
Trial Record Review – Your attorney will evaluate court transcripts, evidence, and legal filings to identify errors or procedural violations.
Appellate Brief – Your attorney prepares detailed legal arguments outlining why the conviction or sentence should be overturned.
Court Review – The appellate court examines both sides’ arguments, focusing on legal questions rather than re-evaluating evidence or testimony.
Decision – The appellate court may affirm the original decision, overturn it, or remand the case for a new trial.

Sound legal reasoning and compelling documentation are critical to success at every stage.

What Does a Criminal Appeal Lawyer Do?

A skilled criminal appeals attorney plays a pivotal role in securing a favorable outcome for your case. Here’s how we help:

Identifying Errors – We’ll thoroughly analyze trial records, pinpointing errors such as improper jury instructions, mishandling of evidence, or insufficient support for the verdict.
Crafting Legal Arguments – We’ll present a strong, coherent case outlining why procedural errors or legal missteps justify overturning the decision.
Advocating in Court – An attorney represents you in written briefs and oral arguments, ensuring your voice is heard in the appellate process.
Exploring Options – If appeals result in unfavorable outcomes, we may discuss other forms of relief, such as post-conviction remedies.

This level of experience is critical for navigating the complexities of appellate law and obtaining a fair review of your case.

Why Choose Dixon & Moseley P.C.?

When appealing a criminal conviction or sentence, choosing the right representation can make all the difference. What makes our criminal appeals law firm uniquely equipped to handle your case?

Decades of Experience – Practicing law in Indiana since 1998, our attorneys bring exceptional knowledge and proven success in criminal appeals.
Always Accessible – Whether your case requires immediate guidance or you have questions after hours, our attorneys are available 24/7 for your peace of mind.
Open Communication – We prioritize regular, transparent updates so you’re always informed about your case’s progress and options.
Team-Oriented Approach – You’re not just working with one attorney. Our team collaborates to ensure that every detail of your case is thoroughly reviewed and that nothing is overlooked.

Learn More About the Criminal Appeals Process

Dixon & Moseley P.C. has responsive and trusted lawyers for criminal cases and appeals in Indianapolis who are dedicated to helping you fight for justice. If you’ve been convicted or sentenced and believe the court made errors in your case, it’s within your rights to take advantage of the processes available to you. Reach out to our team today to schedule a consultation and explore your legal options.

“I have been convicted of a crime and sentenced; what is the process for appeal and what can be appealed?”

Generally, once there is a conviction and sentencing, you have two options in Indiana: you can accept the conviction and/or sentence, or you can appeal one or both (conviction and/or sentence). The time for which you have to appeal starts to run at the time of sentencing.

Stated differently, Indiana criminal appeals can question the propriety of the criminal conviction itself (did the prosecutor prove to the judge or jury beyond a reasonable doubt that you committed the elements of the crime?) or the sentence (did the judge sentence outside the plea bargain, outside of the guidelines, or abuse his or her sentencing discretion in some way?).

A criminal appeal is slightly different than a civil appeal in that, pursuant to criminal procedure and appellate rules, the sentencing hearing for a conviction usually occurs well after the guilty verdict. Thus, you may find yourself convicted of a crime, for which you want to appeal the conviction, but your sentencing hearing is scheduled in the future. This is common so the court can order and obtain a pre-sentence investigation to assist with sentencing.

Even if you are appealing the conviction, regardless of sentencing, the criminal conviction is not considered “final” for purposes of appeal until you have been sentenced. In other words, you cannot appeal your conviction until after you have been sentenced. Nevertheless, if your criminal trial counsel is not going to handle the appeal, then it is important to begin selection of an appellate attorney because there are strict time deadlines for all appeals.

In Indiana, you have one automatic right to an appeal to the Indiana Court of Appeals; in a narrow number of cases, a criminal appeal goes directly to the Indiana Supreme Court.

Indiana criminal appeal lawyers can help you determine how and what you should appeal insofar as your conviction and/or sentencing, and determine the proper legal arguments and support. A criminal appeal may involve very narrow issues – from refusal to give a jury instruction to very broad challenges to the sufficiency of evidence based on a lone witness.

An Indiana criminal appeals lawyer will be able to review the transcripts, evidence, charging documents, and underlying investigation into your charges to determine whether the trial court applied the correct law and procedure to your case. An Indiana criminal appeals attorney will also be able to determine any fatal flaws in the trial court case, write an appellate brief, and present your argument as to why the conviction should be overturned and/or why you are entitled to a new trial.

Simple errors, known as harmless errors, are generally not the basis for reversal. Trials themselves are dynamic and always involve errors. The issue is whether an error deprived a criminal defendant of a fair trial.

Again, it is important to note that Indiana law requires that you file a Notice of Appeal within 30 days of your conviction and sentencing hearing. A failure to timely file an appeal means that you forfeit your right to challenge your conviction by way of an appeal; however, you may still seek relief pursuant to the post-conviction rule permitting a belated notice of appeal (Cornelius Cooper v. State of Indiana, 2009). In rare cases, late appeals are accepted in criminal cases because of the potential loss of freedom and civil rights.

If you, or your trial court attorney, think that you were wrongfully convicted or sentenced, you should seek appeal counsel as soon as possible. An Indiana criminal appeal lawyer can help you determine the merits of your appeal, and walk you through the steps in the appeal process. The Attorney General does the briefing for the State on criminal appeals.

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(317) 972-8000

(317) 972-8000

(317) 972-8000

Find a Criminal Appeals Attorney in Indianapolis, IN

What Can Be Appealed by a Criminal Law Attorney?

Understanding the Appeals Process

What Does a Criminal Appeal Lawyer Do?

Why Choose Dixon & Moseley P.C.?

Learn More About the Criminal Appeals Process

“I have been convicted of a crime and sentenced; what is the process for appeal and what can be appealed?”

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