What is an appeal in criminal defense law?
An appeal in criminal defense law is the process by which an individual may challenge a conviction or sentence imposed by a court. In Indiana, the right to appeal is found in the Indiana Constitution. An appeal allows an individual to request a reexamination of the proceedings from the court that handed down the original conviction or sentence. An appeal can be filed by the defendant or the attorney representing the defendant. The appeals process begins with a notice of appeal being filed in the trial court. This is followed by the court transmitting the entire record of the proceedings to the appeals court. The appeals court then reviews the case and issues a decision, which can be to uphold, overturn, or modify the previous ruling. Appeals are often fairly complex and require the assistance of an attorney, as they involve the presentation of evidence, legal arguments and extensive paperwork. If an appeal is found in favor of the defendant, it can result in a decrease in the severity of the criminal sentence or even a complete reversal of the conviction.
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