Navigating Criminal Appeals in Indiana

Criminal convictions can devastate your life, affecting your freedom, reputation, and future opportunities. You may have the right to appeal if you believe the court made an error during your trial. 

At Ciyou & Associates, P.C., we specialize in handling criminal appeals and helping clients challenge wrongful convictions or unjust sentences. Our experienced attorneys understand the complexity of criminal appeals and are dedicated to ensuring that every client receives a fair opportunity for justice.

What Is a Criminal Appeal?

A criminal appeal is a formal request for a higher court to review the decision made by a trial court. It does not involve a new trial or the presentation of new evidence. Instead, the appellate court evaluates the trial’s proceedings to determine if legal errors were made that could have affected the outcome. Errors may include improper admission of evidence, incorrect jury instructions, or insufficient legal representation.

In Indiana, filing an appeal must be done promptly, and strict deadlines apply. Working with an experienced attorney is crucial to completing all necessary steps within the allotted time frame.

Steps in Indiana’s Criminal Appeals Process

• Filing the Notice of Appeal
  The first step in the criminal appeals process is submitting a notice of appeal, which must typically be filed within 30 days after the final judgment. This document informs the court and the prosecution of your intent to appeal the case.
• Reviewing the Record
  The appellate court reviews the trial’s record, including all transcripts, motions, and evidence presented. Your attorney will work to highlight any legal errors or violations of your rights that occurred during the trial.
• Submitting Briefs
  Both parties submit written briefs outlining their arguments. Your attorney will explain why the trial court’s decision should be overturned, while the state will argue to uphold the conviction.
• Oral Arguments
  In some cases, the appellate court may request oral arguments, during which both sides present their case to the judges and respond to questions. Although this step is not required in every case, it provides an additional opportunity to persuade the court.
• The Court’s Decision
  After reviewing the briefs and record, the appellate court will issue a decision. The court may affirm the original conviction, reverse it, or return the case to the lower court for further proceedings.