Indiana Post-Conviction Attorney

Indiana Federal Post-Conviction Attorney

The Indiana post conviction lawyers at Brownstone Law handle criminal cases and file motions to vacate a plea, trial, or sentence.  Post conviction motions and petitions challange the legality of a conviction. Post Conviction in Indiana is led by attorney George Thomas of Brownstone Law.  Mr. Robert Sirianni handles only federal appeals in Indiana. 

Contact our Indiana post conviction lawyer at (317) 793-3903.

While there is no doubt that in the eyes of law all men are in equal footing, there are instances when a party’s rights may seem to have been prejudiced by another such as in the case of an aggrieved party. Nevertheless though, the right to file for writs of habeas corpus is something that’s granted by the law and may be availed of by such losing party. Filing for post conviction motions though imply that one requires the services of Indiana habeas corpus federal lawyers, which Brownstone Law is exactly what is all about. This federal defense law firm is composed of dedicated and competent Indiana federal crime defense lawyers, federal criminal lawyers, federal sentencing attorneys, and such other federal crime attorneys you might need for your case. Call us at 317-793-3903.

Contact our Indianapolis criminal defense attorneys at 317-793-3903.

Regardless of the nature of your writs, you will nevertheless need the assistance of these Indiana post-conviction lawyers. Considering the intricate nature of petitions for post conviction under 2255 or 2254, a legal professional is who you need to represent you in this kind of lawsuit. This is true in cases of civil appeals, criminal appeals, and federal post trial motions filed in the court of jurisdiction of Indiana. Brownstone Law is known to have the best federal attorneys and the top federal lawyers. These qualifications may be credited to the years of experience of these legal professionals in the field of law. The Indiana rules of post conviction procedures outline the steps a defedant needs to take to vacate a trial or appeal a criminal case. 

Experienced Criminal Defense Lawyers

Aside from the petitions for post conviction, other legal reliefs may also be sought after by the Indiana post-conviction lawyers from Brownstone Law in your behalf. To name one, there is the motion to vacate final judgment concerning cases of drug manufacturing or drug possession. Contact our Indianapolis crime appeal lawyers today.

The mark of top Indiana post-conviction lawyers is its commitment to take difficult writs and cases. Across the state of Indiana and in Federal Court our criminal federal attorneys practice federal appeals and post-conviction motions. We take difficult writ of habeas corpus cases. We handle complex post-conviction relief motions. Our Indiana post-conviction lawyers are experienced in filing Indiana criminal court appeals.  We handle criminal habeas corpus motions in Indiana in the following cities: Fort Wayne, Indianapolis, Evansville, South Bend, FIshers, Carmel, Bloomington, Terre Haute, and Gary. 

You have a limited amount of time to file a Post-Conviction Claim. In most cases a post-conviction relief motion must be filed under Rule 2255  and filed within 1 year of a conviction or the conclusion of an writ. The time period to file a motion starts to run from when the underlying or trial court case is final. This mean the time starts to run from the sentencing date or if a person files  post conviction motion in the case from the time the appeal is over.

Our post-conviction lawyers in Indiana handle criminal petitions for post-conviction relief in the following counties: Marion Indiana, Lake County Indiana, Allen County Indiana, Hamilton County Indiana, St. Joseph County Indiana, Elkhart County, Porter County, Hendricks County, Vanderburgh County, and Tippecanoe County Indiana. In some cases, individuals may also need to explore filing a habeas corpus petition in Iowa to challenge unlawful detention or conviction.

There is a short time period to file a criminal writs in Indiana. Normally, the time period is 30 days from the date of a conviction or sentence. It is your right and it is an important and critical opportunity which should not be wasted. The federal criminal defense lawyers at our firm handle cases in Indianapolis and Fort Wayne.

Contact our Indiana post-conviction lawyers to schedule your free initial consultation. Contact us at 317-793-3903. 

In Indiana, individuals seeking to challenge their convictions or sentences after exhausting direct appeals can pursue post-conviction relief under the state's legal framework. Below are some frequently asked questions regarding Indiana's post-conviction laws and rules:

1. What is post-conviction relief in Indiana?

Post-conviction relief is a legal process that allows individuals to challenge the validity of their conviction or sentence based on issues not raised during the original trial or direct appeal. This process is governed by the Indiana Rules of Post-Conviction Remedies. 

2. What grounds can be raised in a post-conviction relief petition?

A petitioner may assert several grounds for relief, including:

  • Constitutional Violations: Claims that the conviction or sentence violated rights under the U.S. or Indiana Constitution.
  • Lack of Jurisdiction: Assertions that the trial court lacked the authority to impose the sentence.
  • Excessive or Erroneous Sentence: Arguments that the sentence exceeds the maximum allowed by law or is otherwise incorrect.
  • Newly Discovered Evidence: Presentation of evidence that was not available during the trial and could potentially alter the outcome.
  • Unlawful Revocation: Challenges to the revocation of probation, parole, or conditional release.
  • Other Collateral Attacks: Any other reasons rendering the conviction or sentence subject to collateral attack.

These grounds are detailed in Rule PC 1 of the Indiana Rules of Post-Conviction Remedies

3. How does one file a petition for post-conviction relief?

To initiate a post-conviction relief proceeding:

  1. Obtain the Petition Form: The form is available in Indiana Department of Correction law libraries, from the Public Defender of Indiana, or online. 
  2. Complete the Petition: Provide detailed information about the conviction, grounds for relief, and supporting evidence.
  3. File the Petition: Submit the completed petition to the clerk of the court where the original conviction occurred. Three copies of the verified petition must be filed, and no filing fee is required. 

4. Is there a deadline for filing a post-conviction relief petition?

Indiana law does not specify a strict deadline for filing a post-conviction relief petition. However, it's advisable to file promptly, as delays can impact the availability of evidence and witnesses. Consulting legal counsel is recommended to understand any implications of timing in your specific case.

5. What is the process after filing the petition?

After filing:

  • Review: The court examines the petition to determine if it presents valid grounds for relief.
  • Response: The State may file a response to the petition.
  • Hearing: If the court finds merit in the petition, an evidentiary hearing may be scheduled for both parties to present evidence and arguments.
  • Decision: The court will issue findings of fact and conclusions of law, either granting or denying relief.

6. Can I appeal if my post-conviction relief petition is denied?

Yes, if the petition is denied, you have the right to appeal the decision to the Indiana Court of Appeals or, in certain cases, directly to the Indiana Supreme Court. The appeal process follows the same timeline as a direct appeal. 

7. Are there limitations on raising issues in a post-conviction relief petition?

Yes, issues that were known and available during the original trial or direct appeal but were not raised at that time may be considered waived and cannot be introduced in a post-conviction relief petition. It's crucial to present all known claims during the initial trial and direct appeal to preserve them for potential post-conviction relief.