Meet Your Attorney – Jesse K. Sanchez
Indianapolis criminal defense attorney, Jesse K. Sanchez, has years of experience defending crimes of domestic violence, all felonies and misdemeanors. From domestic battery and invasion of privacy to strangulation, confinement and intimidation. Can the State prove their case? What are your defenses? What if the alleged victim does not want to proceed with the case? Get some answers: Call Jesse K. Sanchez for a free consultation.
Indianapolis Post Conviction Relief Lawyer
The Post Conviction Relief (PCR) Process
Under Indiana’s Post Conviction Relief statute, any person may, at any time, commence an action for post-conviction relief if that person has been convicted or sentenced for a crime in the State of Indiana. Generally, motions for post conviction relief are filed by an Indianapolis criminal defense lawyer. If you believe that you have been subject to a wrongful conviction and are in the need of an Indianapolis Post Conviction Relief Lawyer contact Jesse K. Sanchez at 317-721-9858 today.
In Indiana there are some basic ways to challenge your conviction:
- Post Conviction Relief (PCR)
Both an Appeal and Post Conviction Relief (PCR) are governed by their respective individual rules and limitations. Though the there is no way possible to summarize the scope and challenges of what needs to be done, hopefully this information will be helpful in pointing you to your next step.
What is the Difference Between an Appeal and Post Conviction Relief?
Direct Appeals are limited to legal issues raised to the trial court. In the case of an appeal, a panel of Indiana appellate judges hears a direct appeal; with a PCR, the trial court hears the Post Conviction Relief motion. Be aware that in the instance of a Post Conviction Relief motion, the focus is addressing issues not raised, serious errors, or newly discovered information litigated in the first trial.
Questions about an Appeal or Post Conviction Relief Contact Us at 317-721-9858 today!
Primary Issues Raised in a Post Conviction Relief Motion?
There may be many reasons for a convicted party to file a motion for PCR for their case. However, in most cases, there are major issues that regularly appear in Post Conviction Relief cases. To assert a claim for post-conviction relief, a person must and prove by a preponderance of the evidence one of the following:
- Newly discovered evidence (Generally speaking, this needs to be evidence that was not known or could not have been known at the time of trial.)
- The conviction or the sentence was in violation of the Constitution of the United States or the constitution or laws of Indiana
- The court was without jurisdiction to impose sentence
- The sentence exceeds the maximum authorized by law, or is otherwise erroneous
- The sentence has expired, his probation, parole or conditional release unlawfully revoked, or he is otherwise unlawfully held in custody or other restraint
- The court may change an opinion about a legal issue
- The conviction or sentence is otherwise subject to collateral attack upon any ground of alleged error heretofore available under any common law, statutory or other writ, motion, petition, proceeding, or remedy
- Ineffective assistance of counsel. This means that the defense attorney made a mistake that most likely affected, the outcome of the trial, which resulted in a conviction.
How Does the Post Conviction Relief Process Start?
It begins by the filing of a notice of post conviction relief. Like an appeal, with a motion for post conviction relief you should also file a designation of record and request the transcripts be produced.
Questions about a Post Conviction Relief?
Contact Us at 317-721-9858 Today!
What Happens After the PCR Petition is Filed?
The trial court may reject the claims in the motion with or without a hearing. If there is a hearing, then there might be additional evidence presented. After the trial court makes it’s ruling, the procedure is similar to that of the direct appeal:
- The losing party may ask the Court of Appeals to review the case
- The case could be heard by the Indiana Supreme Court
What can the trial judge do in a motion for Post Conviction Relief?
If a motion for post conviction relief is granted, options include the following:
- You can receive a new trial
- You could receive a partial rehearing and decision on some issues, or, affirming the conviction.
- Dismissals could happen, though to be honest they are rarely granted