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Navigating a criminal appeal in Indiana

On Behalf of | Oct 4, 2024 | Appellate Law

Facing a criminal conviction can be daunting, but it’s not necessarily the end of the road. If you believe errors were made during your trial, a criminal appeal might be an option. This article will explore the process of criminal appeals in Indiana and how a criminal appeals attorney in Indiana can assist in seeking justice.

Understanding Criminal Appeals

A criminal appeal is a legal process where a higher court reviews the decision of a lower court. The goal is to determine whether legal errors occurred that significantly affected the trial’s outcome. It’s important to note that appeals are not about re-trying the case or presenting new evidence, but rather about scrutinizing the legal proceedings of the trial.

Common Grounds for Criminal Appeals

Several grounds can justify a criminal appeal, including:

  • Legal Errors: Mistakes in the application of the law, such as incorrect jury instructions or improper admission of evidence.
  • Ineffective Assistance of Counsel: Inadequate representation by your trial attorney that resulted in an unfair trial.
  • Prosecutorial Misconduct: Actions by the prosecution that violate your rights, such as withholding evidence or making improper statements to the jury.
  • Insufficient Evidence: A claim that the evidence presented at trial was not enough to support a conviction.

The Criminal Appeals Process

The criminal appeals process involves several steps:

  1. Notice of Appeal: The first step is filing a notice of appeal with the court that issued the original verdict. This must be done within a specified timeframe after the conviction.
  2. Appellate Briefs: Both sides submit written arguments, known as briefs. The appellant’s brief outlines the errors made during the trial, while the appellee’s brief argues why the conviction should be upheld.
  3. Oral Arguments: In some (but not many) cases, the appellate court may schedule oral arguments where attorneys for both sides present their positions and answer the judges’ questions.
  4. Appellate Court Decision: The Indiana Court of Appeals reviews the briefs and oral arguments, then issues a written decision. The court may affirm the conviction, reverse it, or remand the case for a new trial.

The Challenges of Criminal Appeals

It is important to recognize that criminal appeals are challenging and often not successful. Our appellate courts give significant deference to the trial court’s decisions, and overturning a conviction requires demonstrating substantial legal errors that affected the trial’s outcome. Success rates for criminal appeals are generally low, and the process can be lengthy and complex.

How a Criminal Appeals Attorney in Indiana Can Help

Despite the challenges, engaging a criminal appeals attorney in Indiana can provide crucial support. Fugate Gangstad Lowe’s Anne Lowe has years of experience in appellate law and can guide you through each step of the process. Here’s how we can assist:

  • Case Evaluation: We thoroughly review trial records, evidence, and legal arguments to identify potential grounds for appeal.
  • Legal Research and Writing: We craft compelling appellate briefs that clearly articulate the legal errors and their impact on the trial’s outcome.
  • Oral Advocacy: We provide strong representation during oral arguments, presenting your case as persuasively as possible to the appellate judges.

The Importance of Timely Action

In criminal appeals, timing is critical. Missing the deadline to file a notice of appeal can result in losing the opportunity to challenge your conviction. Consulting with an appellate attorney in Indianapolis or Carmel, IN, can help ensure that all procedural requirements are met promptly.

Real-World Impact of Criminal Appeals

While the success rates of criminal appeals are generally low, they can lead to significant outcomes such as reversing wrongful convictions, securing new trials, or reducing sentences. Successful appeals require meticulous preparation and a deep understanding of appellate law.

How Fugate Gangstad Lowe Can Help Your Case

At Fugate Gangstad Lowe, we prioritize our clients’ needs and offer personalized legal services. We have extensive experience in handling criminal appeals and are dedicated to providing high-quality legal representation. While we cannot guarantee results, we are committed to doing everything possible to achieve the best outcome for your case.

If you or a loved one is considering a criminal appeal, it’s important to understand the challenges and realistic expectations. Contact Fugate Gangstad Lowe today to schedule a consultation with a criminal appeals attorney in Indiana. Our experienced team can help you understand your options and develop a strategy to challenge your conviction effectively.

Disclaimer

This article is not legal advice. For specific legal concerns, please consult with an attorney.