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(555) 555-5555Being wrongfully convicted of a crime can leave you feeling helpless and afraid. As you try to cope with the consequences of the court’s decision, remember an unfair ruling may not be the end of the road. If you have a valid reason why the verdict should be overturned, you can appeal the court’s ruling. But what is considered a reason or “grounds” for an appeal?
If you believe you were wrongfully convicted or your sentence was too harsh, you must speak with a lawyer immediately. As an experienced appeals lawyer in Indianapolis, Jesse K. Sanchez will bring a new perspective and fresh insight to your case and help you determine whether the appeals process is a viable option. Contact us today to schedule a consultation.
Defendants have the right to file an appeal when they feel they were either wrongfully convicted or received an unfair punishment. By filing an appeal, the party asks the appellate court to reverse the decision made by the lower court. In an appeal, the defendant’s attorney will raise legal errors that occurred during the initial process that likely impacted the outcome of the case.
Defendants can’t appeal a court’s ruling simply because they are unhappy with the outcome. There must be a valid reason or “grounds” for a case to be overturned. Grounds for an appeal include the following:
Law enforcement must have probable cause or a warrant to make an arrest. If they don’t, the arrest is considered a “false arrest,” which could be grounds for an appeal. A defendant can also file an appeal if a faulty search warrant led to his or her arrest.
A mistake made by a judge or court can wrongly influence or change a case’s outcome and, therefore, are grounds for an appeal. An example of a judicial error is a judge who did not follow the appropriate sentencing guidelines and/or miscalculated a defendant’s sentence.
When a juror does not follow the rules of the court, their misconduct is seen as valid grounds for an appeal. Examples of juror misconduct include engaging in outside communication with witnesses or court personnel and using the Internet to research the details of the case.
A party can file an appeal if the prosecutor in the case broke a law or violated a code of professional conduct. Examples include asking improper questions during cross-examination or withholding evidence from the defense.
An attorney has a duty to provide their client with competent legal representation. If they fail to do so, it is considered an infringement of the defendant’s right to legal representation under the 6th Amendment, and an appeal can be filed.
A defendant can appeal their conviction if the judge gave improper or insufficient instructions to the jury and, in doing so, led the jury to reach a different verdict than one that would have been reached if proper instructions were given.
Before trial, prosecutors and defense attorneys attend a hearing in front of the judge to determine which pieces of evidence will be allowed in the courtroom. If improper evidence is presented or proper evidence is not allowed, the defendant can appeal their verdict.
There must be sufficient evidence to prove a defendant’s guilt beyond a reasonable doubt. If a guilty verdict is issued without sufficient evidence, the defendant may have a legal basis for an appeal.
A guilty verdict doesn’t necessarily have to be final. If errors or misconduct occurred in your criminal case, you may have the right to appeal the court’s ruling and have your conviction or sentence overturned. In Indiana, you only have 30 days from the date of your conviction to file an appeal, so you must act quickly.
As a skilled and dedicated criminal defense attorney in Indianapolis, Jesse K. Sanchez is committed to protecting and defending the rights of his clients. If you believe you were wrongfully convicted or received a punishment that didn’t fit the crime, you can count on Mr. Sanchez to do everything within his power to get you the justice you deserve. Remember, your fate is not sealed after an unfair court ruling. You do still have rights. Contact our office today to book a confidential, no-obligation case review.
Do you have a criminal conviction that is making it hard for you to get a job, housing or other benefits? Indiana has a law known as the “Expungement Law” that might be able to help. This is often called the Indiana “Second Chance Law” because it helps people start over without their criminal convictions getting in the way. Some important things to know about expungements are:
If an expungement is granted, the public cannot discriminate or use the convictions against you for things like jobs, loans, voting, professional and other licenses. The convictions are SEALED and information about them cannot be released to the public. Some agencies like courts, law enforcement and US immigration agencies, so it’s important to work with a knowledgeable attorney to fully understand your expungement, especially if you have an immigration case or any status other than United States Citizen.
If you have criminal convictions in Indiana and you would like to know more about expungement, make an appointment for a consultation with The Law Office of Jesse K Sanchez now by calling (317) 721-9858. We would love to help you!
At The Law Office of Jesse Sanchez, we focus on family based and humanitarian immigration. At this time, we are not accepting employment-based immigration cases. If you are a Legal Permanent Resident (green card holder) or United States Citizen, and you hope to bring an immediate family member to the United States to live with you or have been forced to flee your home country because of persecution or harm, we can help. Contact us today at (317) 203-9111 to schedule an appointment.
We believe ALL people deserve a better life in the United States, and we welcome you here. Our practice areas include:
Even if you have been in the United States for many years or think all immigration doors have been closed to you, we hope you will reach out to speak with us. We work with all our clients to determine the full picture of their immigration situation and try to find creative ways to help. Our knowledgeable attorneys will review your situation and talk with you about any possible options you may have. Call us today at (317) 203-9111 to schedule your first appointment…we look forward to talking with you soon!
You might be thinking “The Law Office of Jesse Sanchez, they are a criminal defense firm! Why would they add an immigration practice?” The answer is simple. We want to help everyone achieve the American Dream. We are happy to announce that we ARE now accepting immigration cases and have consultations available NOW. Keep reading to find out more details!
We are happy to officially introduce our newest attorney, Erin Warrner, and bilingual legal assistant, Karla Pierle, to The Law Office of Jesse Sanchez. They both joined us earlier this year to create an immigration practice within the firm and have been accepting new cases and working with clients. Be sure to visit their Bio pages on the “Our Team” portion of our website to learn more. If you need help from an experienced attorney right away, call us at (317) 721-9858 to schedule your consultation.
Both Erin and Karla are passionate about helping people to navigate the complicated world of immigration law. Our firm believes in empowering our clients in what may feel like the darkest times of their lives. We believe in helping ALL people thrive in their new life in the United States. Our goals are centered around liberty and the pursuit of happiness for all. This belief created a natural partnership between our criminal defense and immigration attorneys, and allows us to help all of our clients through very tough times.
In addition, when immigrants are arrested and have criminal charges, it is especially important for you to have an attorney who understands both immigration and the criminal system. The “Categorical Approach”, used in immigration courts to determine if state statute crimes make someone deportable or not, is very complicated and changes often. Our attorneys are knowledgeable in both Indiana criminal law and United States immigration law. We will take the time to help you understand your charges and can represent you in both Indiana state courts and nationwide in Immigration matters.
Please stay tuned to our blog here on our website, as well as our social media channels, where both our criminal and immigration teams will be posting information and news you can use weekly! If you have a criminal defense or now IMMIGRATION questions, please reach out to schedule a consultation with one of our attorneys as soon as possible. We look forward to meeting and working with you soon!
As a violent crime defense lawyer, The Law Office of Jesse K. Sanchez have experience in defending our clients against a number of violent crimes. As a violent crime defense attorney, we are dedicated to providing our best criminal defense for our clients who have been arrested or those clients being investigated for crimes of violence. Call our office at (317) 721-9858.
In the State of Indiana, there is a significant penalty and the period of incarceration for certain types of violent crimes. These penalties are created as a reaction to the public outcry for protection of victim’s rights. The fear of violent crimes among much of the public. Which is why it is essential to have an Indiana criminal defense attorney who is not only experienced and knowledgeable with all of Indiana’s laws. Violent crimes in Indiana include:
If you have been charged, you need an attorney who is familiar with and able to analyze, evaluate and apply any and all legal defenses that one accused of a violent crime may utilize. Some violent crime defenses include:
Our violent crime defense law firm offers powerful and appropriately aggressive representation to people who are accused with a violent crime and need a strong defense attorney to guide and represent them through their legal challenges.
Generally, a violent crime is the type of crime involving violence and the result comes with a high risk of incarceration, fines, and anger management classes. It is vital that if you or anyone are currently charged with a violent crime in Indiana that you retain the expertise of an experienced violent crime defense attorney immediately following their arrest.
Let’s face it, your chances for leniency, probation, or plea bargains are only as good as the attorney that you hire. Call violent crimes defense attorney Jesse K. Sanchez to discuss your legal situation, explore your legal options and get an understanding of the penalties for the crimes while you still have time. Our office has an excellent track record for winning violent crimes cases, for clients arrested for a variety of violent crimes. Contact our office for a legal consultation to speak with a skilled lawyer now. Time is of the essence.
It is a difficult proposition to face the social stigma and bias attached to virtually all sex crimes. If convicted, each sex crime is sure to carry heavy fines and lengthy jail time as a penalty. While the punishments for sex crimes can be devastating to your life, a mandatory sex offender registration requirements can absolutely destroy your name and reputation. It’s important to make sure you have explored all of the avenues available. Call an Indiana sex offender attorney and get the best advice for your situation. We are available at (317) 721-9858 or email us at info@jksanchezlaw.com.
Let Indianapolis criminal defense attorney Jesse K. Sanchez fight for your rights and challenge the validity of you remaining a part of the sex offender registration that threatens . Even if you have already been convicted of a sex crime, we can use our experience in the courtroom to protect you from further harm by either having your registration waived or hidden. Contact us today to learn more about the legal options that may be available to you.
While the United States Department of Justice and the Federal Bureau of Investigation must mean well by creating national sex offender registries, the end result is often the unnecessary destruction of the accused or convicted person’s life. Tantamount to a blacklist’ by those in the criminal justice system, being listed on the sex offender registry can completely dismantle someone’s ability to lead a normal life for the rest of their life. Indiana has a number of laws with provisions for a non-incarcerated sex offender registrant to appeal the inclusion of their name in the Sex Offender Registry in order to have their name removed from the list.
Some of the lifelong consequences of being on the Indiana registered sex offender list include the following:
People who see a name on a sex offender registry do not view the person behind it, and quickly judge them without knowing the details of the case. In some situations, a false accusation, exaggeration, or misunderstanding led to the conviction. In turn, that conviction leads to the disintegration of their normal lives. It is a harsh system that needs to be challenged by defense attorneys.
Registration will also include a variety of different requirements and conditions. Most registrants need to re-register and update their information once a year, or face criminal penalties. High risk level sex offenders may need to register as often as once every three months. Registrants of all sorts are also barred from living within certain distances of schools, and must notify new communities, educational institutions, and employers of their registrant status.
In October 2013, all Indiana law enforcement agencies were required to notify an individual before their name was included on the Sex Offender Registry. After receiving notification of the inclusion, that individual has the right to appeal their inclusion on the list. They are able to appeal under the following conditions:
After learning that the non-incarcerated person whose name is to be included in the Sex Offender Registry, they must submit a written document to the local law enforcement agency, which clearly states that the law enforcement agency’s decision is incorrect or that the law enforcement agency has not followed the correct procedure to arrive at its decision.
In Indiana, the details of the sex offender list are available on the Indiana Sex Offender Registry, and online repository of information. The Indiana Sex and Violent Offender Registry can be accessed here.
Ind. Code § 11-8-8-7, the local law enforcement authority with whom a sex offender registers is required to make and publish a photograph of the offender on the Indiana sex offender registry website. They must also notify every law enforcement agency having jurisdiction in the county where they reside and update the National Crime Information Center National Sex Offender Registry data base.
When a convicted sex offender registers, the following information is required:
If a sex offender changes his or her principal residence address, or the place where the offender stays in Indiana, he or she is required under Ind. Code § 11-8-8-11 to report to the local law enforcement authority with jurisdiction over the offender’s current principal address or location no more than 72 hours after the address change. The same applies if the offender changes his or her principal place of employment, vocation, campus or school enrollment location. Additionally, if the offender changes or obtains a new email address, instant messaging username, electronic chat room username, or social networking web site username, he or she must report in person to the local law enforcement authority no more than 72 hours after the change or creation of the address or username and provide the new address or username.
Registered sex offenders also have an annual reporting requirement. Under Ind. Code § 11-8-8-14, they must report in person to the local law enforcement authority once every 365 days to register and be photographed.
Under Ind. Code § 11-8-8-17, a sex offender is guilty of a Level 6 felony punishable by up to two and a half years of imprisonment and a fine not exceeding $10,000 as provided by Ind. Code § 35-50-2-7 if he or she knowingly or intentionally:
If the sex offender who committed a registration violation has a prior unrelated conviction for an unrelated registration violation offense, or any other requirement for sex offenders, it is considered a Level 5 felony punishable by a possible prison term of between one and six years, and a fine not exceeding $10,000, as provided by Ind. Code § 35-50-2-6.
Our Indiana sex crime attorneys understand that a conviction, arrest, or accusation can happen at any time at any location. To provide you with the most intelligent and responsive criminal legal representation when you need it the most. We offer legal consultations right over the phone and on a line that we can answer at any hour on any day. Just call (317) 721-9858 when you need competent, passionate and the best criminal defenses available for you. Just call our office to protect you from the severe consequences of the Indiana sex offender registration. Just do a search for “sex offender attorney near me”, and we’ll be right there!
Q: In Indiana, is a sex offender required to notify neighbors?
A: Indiana statute IC 11-8-8, which was enacted in July of 2006, convicted sex offenders are required to register with the local law enforcement authority of their county of residence.
Q: Can a convicted sex offender have a social media account?
A: As of 2020, according to social media companies, such as Facebook, explicitly state that in their Terms of Service that they prohibit convicted sex offenders from using their account
Q: Can a sex offender go to church?
A: According to a ruling by the Indiana Court of Appeals, sex offenders are allowed to attend church services even if children are present to attend Sunday school
Q: Are sex offenders able to go to Indiana state parks?
A: Indiana law does not prohibit those on the sex offender registry from visiting public parks, and Indiana state parks do not have a policy restricting sex offenders from entering parks.
Q: How long must a violent sex offender register in Indiana?
A: In Indiana, a person who is a violent sex offender must register as a sex offender for life.
An unfortunate outcome of some criminal cases are a conviction or a guilty verdict. In the majority of instances criminal sentences are generally decided upon by judges. Judges are often given a great degree of latitude in determining the sentencing for the individual convicted. There are instances when after a judge hands out a sentence an individual can appeal the degree of the sentence by hiring an Indianapolis sentence modification lawyer. Call The Law Office of Jesse K. Sanchez a call at (317) 721-9858 today!
There is an Indiana sentence modification statute which states that one convicted of a crime can seek a modification of his or her sentence at any time during the sentence without the need for prosecutorial approval. This means that, a court can now grant a sentence modification over the objection of the prosecutor. In the past, in order to receive a sentence modification in Indiana, the convicted would have to obtain approval from the prosecutor.
In 2014, there was a piece of legislation that removed the restriction that called for prosecutorial approval. While the legislation in 2014 made obtaining a sentence modification more attainable, though obtaining a sentence modification through process is still one that does not come without its own set of hurdles.
There are many individuals who are currently incarcerated in the Indiana Department of Corrections are eligible to have their sentence modified. A successful Indiana sentence modification means that an individual will have their sentence modified to an alternate placement that is either:
There are instances when fortunate individuals are allowed by the judge to have their sentence modified down to parole or probation. When this happens, this effectively releases them from physical incarceration through the Indiana Department of Corrections.
You may wonder how to get a sentence modification. Well, there is certain criteria must be fulfilled in order for a judge to consider modifying a sentence. Meaning, that in order to receive a sentence modification there must be real, legitimate reasoning for authorities to reconsider their original sentence.
The most common criteria for a criminal sentence modification to be granted by the court would include:
Unfortunately, even with these reasons, it can be difficult for a sentence modification attorney to secure a modification. The incarcerated are only allowed to apply for sentence modifications twice during their entire sentence and, if the inmate is incarcerated as part of a plea agreement, they are ineligible from filing a motion for sentence modification Indiana has available as a means of relief of a sentence given by the court.
Because the process to apply for and to receive a sentence modification can be very difficult and extremely time sensitive, it is important to have knowledgeable counsel by your side. An attorney near you is here in your time of need, Indianapolis criminal defense lawyer, Jesse K. Sanchez will work to diligently file a sentence modification application for a sentence modification for you or a loved one. Call the office at (317) 721-9858 today!
Q: How many sentence modifications can be filed in 365 day period?
A: You can only file a request for modification one (1) time in a 365 day period.
Q: How many times can a sentence modification be sought after during your sentence?
A: A sentence modification can only be sought a maximum of two times total throughout your sentence, so it is important, when you are ready to adjust your sentence, to make sure you get it right by hiring the best Indianapolis, Indiana modifications lawyer for your case, Jesse K. Sanchez at (317) 721-9858.
Q: Can a modification be barred in the plea bargain?
A: There are certain situations where the option for a sentence modification is prevented in the plea bargain made with the prosecutor.
Q: What grounds are justification for a sentence modification in Indiana?
A: The acceptable grounds for a motion for modification of sentence are as follows:
1. New information relevant to the underlying criminal case has been discovered
2. The sentence imposed was illegal or erroneous in some way
3. The offender has completed rehabilitative or other self-improvement programs while serving the sentence
4. The sentence imposed inflicts a substantial hardship on the offender’s family
Q: Can you help with a Compassionate Release Motion to Modify Sentence
A: The Coronavirus pandemic has a direct effect on the health, safety, and welfare of incarcerated individuals in Indiana. Our office is working actively with our clients to help file as many Compassionate Release Motion to Modify Sentences due to Coronavirus as possible.
Q: Which type of convicted criminals are not eligible to adjust sentence under Indiana law?
A: Though not exhaustive, the list includes the following: a person convicted of certain violent offenses, which include murder, attempted murder, voluntary manslaughter, certain kinds of sex crimes, an unlawful possession of a firearm by a serious violent felon.
I’ve defended numerous cases involving illegal possession of firearms and they are some of my favorite cases to defend. This is because, by their very nature, gun charges often implicate our basic rights to possess firearms, defend ourselves as free citizens, and to be free from unreasonable searches and seizures. As an Indianapolis firearms attorney, I can assure you that these are your rights and mine, and they are worth protecting. I love being a gun law attorney. The work is fulfilling. If you need a firearms attorney, call 317-721-9858 today!
An Indiana gun rights lawyer often works with the State of Indiana’s licensing agency, if a person is denied a concealed carry permit, an Indiana gun rights attorney might get involved to challenge the denial. Or, a gun rights lawyer may act as a criminal defense attorney to help their client defend against an allegation of a violation of firearm law. I act in both capacities.
Whether we are talking drugs or guns, these cases generally ask whether the government can prove that you were in knowing “possession” of an item prohibited by law. Under Indiana law, there are two ways to prove possession of something. Firstly, the State may seek to prove “actual possession” by showing that an accused person had direct physical control over a prohibited item. However, the State may also make its case by proving that an accused person had “constructive possession” of something beyond a reasonable doubt.
To make a case for constructive possession, the State must show that a defendant had both an intent as well as the capability to maintain dominion and control over the contraband item. This is obviously a much harder case for the government to make. What if there are multiple people found near the guns or drugs? What if there’s only one person found with the drugs but the State cannot show that the defendant knew the drugs or gun were there? These cases are all unique and complex in their own way. At the Law Office of Jesse K. Sanchez, your attorney will know how to analyze the case to determine what evidence the State really has against you. For a more information don’t hesitate to call Indianapolis criminal attorney Jesse K. Sanchez a quick phone call at 317-721-9858 today!
While arguments to suppress evidence are often quite complicated, all “motions to suppress” essentially claim that the rights of the accused person were violated in some fundamental way and, therefore, any evidence gained from the violation should be excluded from evidence or “suppressed.”
It’s a controversial technique, because it can take evidence that makes a defendant look “obviously guilty” and get it thrown right out of court. But, the idea here is to deter police misconduct. And, this is exactly what the 4th Amendment of the U.S. Constitution demands in it’s guarantee when it states that:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
What’s more, under the Indiana Constitution, Article I, Section 11, citizens are protected by even stronger guarantees.
So, was there probable cause for the search warrant of your home? Did the officer have the right to search your vehicle? Did the officer have the right to stop you at all? These are the kinds of questions we ask in a suppression case. To learn more about a potential suppression in your case, call me at 317-721-9858 as soon as possible.
You need an Indianapolis child abuse and neglect attorney to help you defend yourself against child abuse charges.
In the State of Indiana battery more often than not is treated as a Class B Misdemeanor with up to 180 days in jail and fines up to $1000. When battery causes a physical injury that is not considered as “serious”. Battery becomes a felony if a person is touched in a rude or disrespectful way that involves the use of a weapon. If you are in the need of an Indianapolis criminal defense lawyer that handles both assault and battery charges in Indiana at (317) 721-9858 today.
According to Child Welfare.gov, child neglect is a form of child abuse, and is a deficit in meeting a child’s basic needs, including the failure to provide adequate health care, supervision, clothing, nutrition, housing as well as their physical, emotional, social, educational and safety needs. All of those would fall under the umbrella of child neglect or child abuse, requiring a top Indianapolis child abuse defense attorney.
If you’ve been charged with child abuse, child battery or child neglect in Indiana, you need to contact Indianapolis criminal defense attorney, Jesse K. Sanchez at (317) 721-9858 today!
If you’ve been convicted of a crime, you have the right to appeal your criminal conviction directly to the Indiana Court of Appeals. The deadlines to file an appeal are short and strictly enforced by the appellate court. To discuss your options in appeal, Indianapolis appeals lawyer, the Law Office of Jesse K. Sanchez today.
An appeal is a request for a higher court to review a lower court’s decision and to determine whether or not a judgment holds validity and should be upheld. An Indianapolis appeals lawyer handles appeal cases when a party loses or is unhappy with some part of the decision made by the lower court which is why a best rated appeals attorney is needed to help with your case.
No defeat in the legal system is final until all of the avenues of appeal are closed. Appellate lawyers excel at appealing an adverse trial court ruling and are skilled at defending lower court victories on appeal to state and federal appellate courts. You need a top Indianapolis appellate court attorney to represent your criminal appeal today.
An appeals lawyer that handles appeals that cover everything from post-trial motions and motions seeking permission to file interlocutory appeals, to drafting Indiana appellate briefs and appendices and orally arguing cases before the State of Indiana appellate courts. Call Indianapolis criminal defense lawyer Jesse K. Sanchez at (317) 721-9858 for a fresh perspective on your case for your appeal today.
Creating appellate briefs and preparing for oral arguments at the appeals level is a unique set of skills that does not necessarily overlap with the skills of a trial lawyer. At the end of the day incorporating an attorney with experience in the Indiana appeals on your team. If you’re looking for an Indianapolis appeals attorney to give you a top criminal defense attorney Jesse K. Sanchez at (317) 721-9858 today.
