Many people assume that a conviction is the end of a criminal case. However, you may have various options available to challenge the conviction or seek other legal relief. An experienced Indianapolis criminal attorney from The Criminal Defense Team can explain if any of the following are viable post-conviction options for your criminal case in Indiana:

Petition for Post-Conviction Relief

Post-conviction relief allows criminal defendants to challenge the legality of part of their criminal trial, the verdict, or the sentence, based on legal grounds such as:

Lack of jurisdiction: The court lacked the necessary jurisdiction to impose the sentence legally.
Newly discovered evidence: There is evidence that was not available at the time of trial, which could prove the defendant’s innocence or call the conviction into question.
Constitutional violations: The conviction or the sentence violated the state or federal constitution.
Sentencing issues: The sentence exceeds the maximum authorized by law or is otherwise in error.
Unlawful restraint: The offender’s sentence has expired, their probation, parole, or conditional release was unlawfully revoked, or they are otherwise unlawfully held in custody.
Collateral attack: The conviction or sentence is subject to collateral attack due to an error available under the law.

There are special rules known as the Indiana Rules of Post-Conviction Remedies that govern this type of relief. They govern who is eligible, how to file a petition, the pleadings that must be prepared, and other related matters. It’s essential that you work with a criminal defense attorney who is very familiar with these rules and has handled similar cases in the past.

Direct Appeal

A direct appeal is the initial appeal of a criminal conviction or a sentence to a higher court. It often precedes a post-conviction relief action. Grounds for a direct appeal may include:

The trial court erred in applying the law.
The trial evidence does not adequately support the verdict or judgment.
The lower court abused its discretion when it ruled on a legal motion.
The defendant received ineffective assistance of counsel.

Motion to Modify Sentence

Your criminal defense attorney may file a motion to modify your sentence to shorten it if there are legally valid grounds.

Petition for Habeas Corpus

This specific legal action challenges the lawfulness of your confinement, rather than the conviction itself.

Expungement

If it’s not possible to reverse the conviction or otherwise minimize it, your criminal defense attorney may recommend seeking an expungement. Through this process, you can legally seal your records so that they are not discoverable in most background checks. This can minimize the effect the conviction has on your life.

Consult an Attorney for Help Exploring Your Post-Conviction Options

Post-conviction relief is complex. You need a skilled criminal defense attorney who understands the nuances and can make strong legal arguments in your favor. These cases often involve tight deadlines, so do not hesitate to reach out for legal support. Contact The Criminal Defense Team of Baldwin Perry & Wiley PC at (317) 687-8326 to take advantage of a free initial consultation.

Post-Conviction Options for Criminal Cases in Indiana