Experienced Defense Attorneys

Indiana Post-Conviction Relief Lawyer

Get Help from an Indianapolis Criminal Appeal Lawyer Today!

The court system isn't flawless. It is possible for mistakes to be made, including the imposition of unfair convictions and sentences. If you are the victim of an unfair conviction or an overly harsh sentence, it may be possible for you to successfully challenge the unfair court decision. While filing a direct criminal appeal is one way to do this, you can also file a petition for post-conviction relief (PCR), which allows you to get another review of your conviction or sentence.

A skilled Indianapolis criminal defense attorney from our firm, Keffer Hirschauer LLP, can help you with petitioning for this type of review. Contact our firm today to get started!

Grounds for Requesting Post-Conviction Relief

According to the Indiana Rules of Court PC1, the grounds for claiming post-conviction relief include the following:

  • The person's conviction or sentence is in conflict with the state's laws or with the U.S. Constitution.
  • The court that imposed the sentence did not have proper jurisdiction.
  • The sentence is excessive (in accordance with the maximum sentence allowed under the law), or it is erroneous in some other way.
  • There is significant evidence that has not been presented that would merit the conviction or sentence being overturned (or vacated).
  • The defendant is being unlawfully held in custody, such if the defendant's sentence has ended or if the person's probation or parole was revoked through unlawful means.
  • Any other legal error pertaining to the conviction or sentence has occurred.

It is important to note that post-conviction relief does not take the place of a direct criminal appeal.

The PCR Petition Process

For a post-conviction relief petition, or a PCR petition, three copies of the petition must generally be filed with the court where the petition took place. (Different rules apply for a petitioner who is claiming that his or her parole was revoked unlawfully.)

After the petition is filed, the court can make a decision with or without a hearing taking place. If a petitioner is denied post-conviction relief, he or she may be able to appeal the final judgment. The petitioner holds the burden of proving his or her grounds for post-conviction relief.

Get Help from Keffer Hirschauer LLP

When you are petitioning for post-conviction relief, make sure you get the help of a qualified legal professional. This is your chance to possibly undo the damage from your conviction or sentence, so you want to make sure you going about the process correctly.

At Keffer Hirschauer LLP, we can help work to prove why your conviction or sentence was undeserved. Contact us today so that we can provide you with the guidance you need and deserve!

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