Criminal charges and subsequent convictions are universally feared because of the doom that it can cast on the future of the person who has been convicted. The difficult aftereffects of a criminal conviction are felt not only by the person who has been convicted but also by that person’s near and dear ones. Often, the social stigma alone is enough to bring the world crashing down around those people. Fortunately, there are certain provisions in Indiana laws under which a convicted individual can seek legal relief.
The first such option is to file petition for a direct appeal, which is allowed by Indiana laws under certain circumstances. In this approach, the petitioner needs to establish in the Indiana Court of Appeals that certain rulings of the trial court had a negative impact on the final verdict. In the event that the Court of Appeals denies the appeal, the petitioner may be able to file a Petition to Transfer, provided certain conditions are met. This petition would allow him to take the matter to the Indiana Supreme Court. However, there is no guarantee on whether the Supreme Court will accept the appeal.
If someone is unable to have a conviction overturned, that person may choose to file a petition for Post-Conviction Relief. Usually, two types of claims are made in a PCR: ineffective counsel or new evidence. Whichever be the claim, a petitioner must make sure that the claim is backed by solid proof. Often, intensive investigations are required before filing the PCR and appearing for an evidentiary hearing. The same applies when the petitioner is filing a direct appeal in the Court of Appeals or the Supreme Court.
If you are in a situation that is similar to what has been described in this blog post, you may visit our law firm’s website. For post-conviction cases like these, the attorneys at Kammen & Moudy are well-equipped, owing to the vast combined legal experience of over 50 years in and around the Indianapolis area. In addition to being experienced trial lawyers, the attorneys are adept at dealing with direct appeals and PCRs. After all, it is important to ensure that everyone’s rights are protected even in the most difficult times.