Fight Against An Unjust Conviction With Our Indiana Appeals Attorney
Being convicted of a crime is difficult to bear, but it is even worse when you are wrongly convicted by the court without a fair trial. Judges and prosecutors are people, and they make mistakes just like anyone else that they should be held accountable for. You can do this by appealing the wrongful conviction you received.
At Harwell Legal Counsel in Indiana, our attorney Jonathan D. Harwell has spent much of his legal career working on appellate criminal cases, and he can help you with yours. Do not let a wrongful conviction against you go unchallenged, fight back today with his help. You deserve to be treated equally and fairly under the law.
How do I file an appeal in Indiana?
You can file an appeal if you disagree with the trial court’s decision. You have to file a Notice of Appeal with the Indiana Court of Appeals Clerk to start the process, the filing fee is $250. If you need any copies of any part of the trial court file, make a request within the notice of appeal. Feel free to call the Indiana Court of Appeals Clerk at (317) 232-1930.
How the Court of Appeals of Indiana Conducts its Review
Errors can occur during criminal trials. Depending on the seriousness of the error,
the defendant may be entitled to relief on appeal. If the appellate court discovers
that the error was harmless and did not affect the defendant, then they are not entitled
to relief on appeal. The appellate court uses a different type of review to each
error depending on the type of error:
- Clearly Erroneous:
In some cases, the appellate court may discover that the result doesn’t follow the
- De Novo:
If people agreed on the facts but not on which law is applied. The reviewing court
will look at all of the facts and circumstances and make its own determination of
the issue without looking for influence from the trial court’s choice.
- Great Deference: The trial court was in the best spot to judge how credible the witnesses are. The
appellate court will not disagree or reverse with a trial court’s decision.
- Abuse of Discretion:
In reviewing some cases, the appellate court reverses the trial court’s decision
only if it was against the circumstances and logic of the case.
How Long Does an Appeal Take in Indiana?
From filing the notice of appeal to a decision, the process usually takes 4 – 7 months. The time varies depending on the length of the transcript and whether any party asks for and is given more time.
Let Us Be Your Ally And Advocate For You
Never settle for a conviction when you have legitimate grounds for an appeal. Your freedom is worth fighting for. At Harwell Legal Counsel, we can help you through every stage of the process. Our office serves clients across Hendricks, Hamilton, Johnson and Hancock counties. Call our office at 317-344-9085 or send us a message through our website with a brief description of your case so that we can get started today.