How An Indiana Criminal Defense Lawyer Can Help After Conviction
By Chris Robertson
It's a devastating blow when you or a loved one has been convicted of a crime, whether a misdemeanor or a felony. If you live in Indiana - whether in South Bend, Crown Point, Indianapolis, Valparaiso, or another city or town - you should know that a good criminal defense lawyer can help you in terms of appeals, probation, and sentence modification.
Appeals
If you are convicted of a crime, an experienced attorney can review the charges and trial to determine if there is cause for appeal. For example, there may have been mistakes made in the charges brought against you, or there may have been improprieties during the trial itself. Perhaps there was an exclusion of exculpatory evidence or testimony, or maybe the trial court made a mistake in its decision to join defendants. Perhaps the evidence didn't support a severe charge and conviction, and you should have been tried on a reduced charge and received a lighter conviction.
Appeals can also be made and won based on issues surrounding sentencing. Perhaps a sentence was imposed that was an abuse of the trial court's discretion, or a prior conviction was inappropriately used to justify a harsher sentence.
A good criminal defense attorney is especially important if a conviction on a misdemeanor charge would mean the revocation of a professional license. A successful appeal could mean the difference between maintaining your livelihood and having to start your life over again in a new profession.
Probation Violations
You can experience severe consequences if you are arrested while on probation or if you have violated your probation after conviction and a suspended sentence. An experienced lawyer can present your case in the best possible light in order to avoid the harshest penalties. Given that local jurisdictions can have tremendous leeway in how probation violations
are treated, it's important to engage a lawyer who has knowledge of the procedures in each Indiana county. This is particularly crucial if you have been charged with a new crime while on probation, as a conviction means that you would have to serve consecutive sentences for the suspended portion of your original sentence and the sentence for your new conviction.
Sentence Modification
If you've been convicted of a crime, an experienced criminal defense lawyer can often successfully file an appeal with the Indiana State Court of Appeals in order to obtain a sentence modification, verdict reversal, or an order for a new trial.
Even if you've unsuccessfully appealed your verdict, you can still try to obtain what's called post-conviction relief. Post-conviction relief typically involves arguing that you didn't receive effective legal counsel during your trial, that you were coerced into pleading guilty, that new evidence has been discovered, and so forth. When post-conviction relief is successful, your lawyer can work to undo conviction-related damage to your rights and records.
When you've been convicted of a crime, it's difficult to surmount the emotional turmoil and think clearly about the road ahead. That's why it's crucial that you find a criminal defense attorney who is experienced in all facets of the appellate process.
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