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If someone is convicted of a murder charge that they didn't do, how long will the appeal take

Indianapolis, IN |

Also, he was represented by a public defender, do he needs to hire his own lawyer to file appeal, or will he be given a lawyer?

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Attorney answers 5

Posted

The full range of appeals may take years. Appeals are tough and it often comes down to whether his lawyer made enough of a record to make the appeal viable. I'd talk to an appellant lawyer to see what is possible in his case. I'm sure they will charge to review but it will be money well spent. Hope that's helpful

Posted

Talk to an appeals lawyer right away! You have very short time frames in which to file an appeal. Once filed they may take many months. Call someone NOW.

Every case is fact sensitive. Without knowing all the facts, no attorney can give you specific advice that you can totally rely on. ANY answer here is just trying to help lead you in the right direction. That direction is to sit down with a local attorney and give them ALL the facts in your case, so that you can get good legal advice. Certainly any response that I give should not be considered legal advice or counsel that can be depended upon.

Posted

There is no set time frame in which you can expect an appeal to be heard and decided; the appellate process is an extremely long process that can take years. As for your question regarding representation, if your friend received a public defender at trial they are entitled to appointed counsel at their first appeal of right. Note that this right does not exist in any subsequent appeals however.

Posted

An appeal will generally take up to at least a year to run its full course. You have a right to appointed counsel in the appeal if you cannot afford a private lawyer.

Posted

In Indiana, you have 30 days from the date of sentencing to file a Notice of Appeal with the Indiana Court of Appeals. If this is not done, you can lose your right to appeal the conviction. You need to speak to an appellate attorney immediately. You are constitutionally guaranteed the right to an appeal, if timely filed, and if you are indigent you will have a public defender appointed to represented you on appeal if you request counsel.

Appeals are difficult but not impossible with the right attorney. However, even the best of appellate attorneys will not be able to give you any idea about the success of an appeal until they have reviewed the entire record from the trial. Make sure you find an attorney who is experienced in the appellate process.

Disclaimer: Any information provided through this forum is meant merely for informational purposes and is not legal/medical/tax advice. No attorney-client relationship exists as a result of this communication and to establish such a relationship, a potential client must enter into a written contract with the attorney. This attorney has not agread to handle your case, nor will he do so until you have signed a written fee agreement which outlines the obligations of both parties.

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