Is there a reversable error in your case after sentencing? We protect the rights of our clients even after sentencing
If a defendant is convicted, and sentenced for a crime (whether after trial, or by plea agreement) there still may be several options for you to assert your innocence, or raise mistakes possibly made by the court.
The law recognizes that trial court judgments and procedures are not always perfect. At the time of your sentencing, the trial court (judge) has certain requirements that must be met for purposes of completing the conviction, and sentencing. One of these, is a Petition for Post Conviction Relief, if any error was made in your case.
A Petition for Post Conviction Relief is not an easy one to win, however, once a conviction is completed, and sentence issued, an attorney can review the record, and transcripts to determine if any mistakes were made by the trial court, or even the defendant’s counsel. If such mistakes, or violations of law, or the constitution can be found, a “PCR” Petition (Petition for Post Conviction Relief) can be filed with the Trial Court. If you are able to prove these violations, there is a possibility that the conviction could be set aside, or portions of the convictions, or sentencing set aside and redone.
If you are in that position where you would like that review, or feel that your rights have been violated please contact our office.
In Indiana, there are primarily two (2) reasons that you can request Post Conviction Relief. This is new evidence that was not available to you, or your prior counsel, and a claim of “ineffective assistance of counsel”, which is a situation where you feel, and can prove that your trial counsel ineffectively represented you in the case. Either of these reasons, or both can be presented to your trial court, and a determination made as to whether your rights were affected, and whether your conviction should be overturned.