Post Conviction Relief Indiana

What Exactly Is Indiana Post-Conviction Relief?

A criminal defendant may seek Indiana post conviction relief if they challenge the legality of a portion of the criminal trial, the conviction, or the sentence on legal grounds that are not available in the original trial or indirect appeal. This is not an opportunity to appeal the verdict. In fact, the defendant may or may not have made a direct appeal before seeking post-conviction relief.

Direct appeal and post-conviction relief are similar because a criminal defendant can assert multiple grounds for relief. They differ in their timing: whereas a petition for post-conviction relief does not have a deadline, the law has a deadline to file a direct appeal. Finding an Indiana expungement lawyer can be helpful too.

post conviction relief Indiana

Post Conviction Relief Indiana

All grounds for post-conviction relief involve the claim that an element or decision of the underlying proceeding is illegal or unconstitutional. The Indiana post-conviction rules provide many of the possible grounds for Indiana post-conviction relief, which are:

  • The sentence or conviction was not in accordance with Indiana’s laws.
  • The sentencing court lacked proper jurisdiction.
  • In some other way, the sentence was incorrect. For example, it exceeded the legal length allowed by Indiana state law.
  • There is significant evidence that has not been presented or heard before, and this evidence must be used to overturn the sentence or conviction.
  • The sentence has expired, or the defendant’s probation, parole, and conditional release were illegally revoked.
  • Another material legal error related to the sentence or conviction has occurred. This could include juror bias, perjury or DNA exclusion, or Ineffective assistance of counsel.
  • Indiana post conviction relief

How Do You Get Post Conviction Relief in Indiana?

Defendants must strictly adhere to post-conviction relief rules in Indiana, or they risk losing the chance to obtain post-conviction relief. It can be difficult to succeed in a post-conviction proceeding without a good criminal defense attorney.

There are many legal options for a person, beginning as soon as they have been convicted and sentenced. If the appeal is denied, or the deadline has passed, the person can also file a Notice of Appeal.

After a trial, the defendant is found guilty. The defendant can appeal the conviction by seeking post conviction relief Ineffective counsel and jury bias, DNA exclusions of criminals from the act, or any other circumstances that led to an unfair conviction, are all examples of cases in which this matter cannot be properly addressed on appeal.

A post conviction attorney can help you navigate the complex world of post conviction relief. You must follow strict case law and rules.

Your Indiana post-conviction relief lawyer will review the case and determine if there’s a basis to appeal. If there is, your Indiana post conviction relief attorney will argue that you were wrongfully convicted.

Find a Post Conviction Relief Lawyer

There are many ways you could be hurt during the criminal process. This includes the investigation, arrest, pretrial and plea hearings.

The appellate court can only refer to an issue that was raised in the trial court first ( Showalter, Thorntown 2009). The court will deny the claim unless the underlying cause for the filing was raised at trial or in an earlier proceeding, such as a pretrial motion.

Your defense attorney must have objected to any evidence introduced or made available to the court record or motion within the time limit. These exceptions will be reviewed by your post conviction relief lawyer to determine if they are applicable to your case.

Post-conviction relief filings can be complex and require the expertise an attorney.

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