Post-Conviction Remedies in Indiana

If you have been convicted of a crime in Indiana, there are two potential ways you can attack the conviction. The most typical route is by way of an appeal. Appeals for the most part focus on everything that happened up to and including your trial – in particular, everything that is reflected in the trial record. If the judge made one or more mistakes during the trial, the appeal will address any of those mistakes. 

Post-Conviction Remedies

There is another potential way to attack a conviction, however. This is through a petition for post-conviction relief. There are several grounds for post-conviction relief in Indiana. In particular, a defendant who has been convicted of or sentenced for a crime can bring a petition for post-conviction relief on any of the following grounds: 

• The conviction or sentence violated the Indiana or the U.S. Constitution
• The court lacked jurisdiction to impose the sentence on the defendant
• The sentence was greater than allowed by law, or was otherwise erroneous
• There are new, material facts that were not part of the original case that require the conviction to be overturned “in the interest of justice” – for example, new DNA evidence becomes available that the convicted defendant believes may exonerate them
• The defendant’s sentence has expired, or probation, parole, or conditional release was unlawfully revoked, and the defendant is being held unlawfully
• Other issues, such as the defendant’s original or appellate counsel was ineffective, or that the prosecution suppressed evidence that it should have turned over to the defense

There is a special procedure that must be followed when pursuing a post-conviction remedy. And the result of the hearing will not always mean that the convicted defendant’s worries are over. Depending on the case, it may result in a retrial or a modification of the defendant’s sentence. 

Razumich & Associates Can Help Evaluate Your Case for Post-Conviction Relief

If you believe that you or someone you know may be entitled to post-conviction relief after they have been convicted of a crime, contact Razumich & Associates for help. We understand what is required for a successful post-conviction petition in Indiana, and we will use our years of experience in criminal law to help you decide whether a post-conviction petition is right for your case. If you do decide to pursue a post-conviction remedy, our attorneys will aggressively pursue it on your behalf. 

To learn more, contact us at 317-983-5333 or fill out our contact form. We will schedule a consultation where you can tell us about your case, and we can explain how our firm can help.