From tattoos and vacation destinations, to job relocations, divorce settlements, and more, sometimes we have instant regret after making a huge life altering decision. And like the rest of us, many defendants in criminal court are no stranger to this feeling. That is why defendants often wonder if they can take back their plea and plea differently. Unfortunately, the law doesn’t accommodate such requests. Continue reading to learn why.
After a person is found guilty of a crime they were charged with, they do not have to agree with the judge or jury’s findings. Defendants are given the right to appeal a verdict and ask for a new trial in appellate court. This procedural right is denoted in the United States Constitution, Article 7, Section 6. For this purpose, they often hire a criminal defense attorney who is a certified, court-recognized criminal appellate lawyer. These are lawyers who are certified through their state bar organizations and specialize in appealing convictions.
As a defendant in criminal court, you have the right to file for an appeal to overturn the conviction, or certain perimeters of the conviction. However, if you have already agreed to and entered a guilty plea, whether you went to trial or not, there is no chance at appealing your verdict. This also applies to no contest or nolo contendere pleas. However, in place of an appeal, you could enter a “motion to withdraw” your plea, which simply means you have changed your mind and wish to plea differently.
Filing an appeal and withdrawing a plea are two different processes. The laws and regulations for withdrawing plea deals vary greatly from jurisdiction to jurisdiction. It also differs between state and federal levels, as federal court has its own unique appeals process compared to state-level ones. In some states, limited indirect appeals are permitted, and can be pursued without withdrawing a plea; a processed referred to as “filing a writ of habeas corpus.” And this process is very similar to the appeals process. Because of these variations, it is important to check with your criminal defense attorney to learn your state’s particular laws about such procedures.
How to Clean Up Your Criminal Records in Indiana
A new law regarding criminal record expungement has recently been passed in Indiana, which means qualified individuals can have their criminal records concealed from public access. The new law is also known as the Indiana Second Chance Law, and it involves a complicated petitioning process. For this reason, it is necessary to hire a criminal lawyer who it well-versed in the new laws to help you with your petition.
Indianapolis Criminal Record Expungement Lawyer
Call our Indianapolis criminal record expungement lawyers at 317-636-7514 if you would like to petition for restricted access or expunge an arrest from your criminal record in Indiana. We are happy to provide free initial consultations to discuss your case without any out-of-pocket obligations. And our rates start as low as $850!