When the judge tells you that you have been convicted of a crime, your first thought is likely panic– that “it is all over now.” The truth, however, is that the law provides a potential second chance for people in that situation – an appeal. However, an appeal is not always the answer, it can only help you in cases where a legal basis for appeal exists.
When Should You File for an Appeal?
The answer is, of course, “it depends.” While that is surely a frustrating answer to hear, it is often the only one that can be generically supplied in response to almost any legal question because everything is so incredibly case specific. This is one reason why it is so crucial that you consult an experienced attorney about your case. An attorney may be able help you identify any parts of your case that could actually be appealable. It is important to know that just because you think that your case was decided wrongly, does not mean that there is a legal basis on which you might be able to successfully appeal. This is essentially why having an attorney review your case is so important.
How to Appeal
Indiana law provides that in almost all circumstances, every party has a right to an appeal. The noted exception to this rule is that the State may appeal any verdict of not guilty. While you may have a right to an appeal, that right will disappear within a time limit and may not be able to be resurrected once it has disappeared. The law states that a Notice of Appeal must be filed within 30 days of the judgment being entered. Read all of the appellate rules of Indiana here. The Notice of Appeal is essentially letting the court know that you plan on appealing the decision of the trial court. Since you are only afforded 30 days, it is especially important that you contact an attorney immediately to ensure that there is proper time to prepare the documents required.
Once you have filed a Notice of Appeal, the real work begins. The court will provide a transcript and a record of the trial. Using these documents, the party filing for appeal (that would be you, or hopefully, your attorney) will prepare an Appellant’s brief. The other party will then also prepare a brief allowing for you to reply with another brief. Finally, in some rare cases the court will set a date for oral arguments, however, most likely the last word to the court will be your rebuttal brief.
Get Help
If you or someone you know has been convicted of a crime and hopes to appeal the verdict, it is imperative that you contact an experienced attorney as soon as possible to ensure your time for appeal does not run out. Contact our office to find out how we may be able to help you in your process. Be sure to remember the 30-day cutoff date when you are considering this process.