Appeals Attorney in Indianapolis

30+ Years in Indiana Criminal Courts. Honest Answers When You Need Them Most.

A criminal conviction or harsh sentence can change everything in an instant. Prison time, felony status, and long probation terms affect your family, your work, and your future. If your case was decided in Marion Superior Court or another Indiana court, you may still have options to challenge what happened.

At Colasessano Law Office LLC, we guide people through that next step. Our firm is led by Attorney Gary L. Colasessano, who has more than 30 years of experience in Indiana criminal courts. We review the record carefully, explain your options clearly, and give you an honest assessment of whether an appeal or post-conviction route makes sense for your situation.

We know you may feel discouraged, frustrated with the system, or unsure who to trust. Our role is to step in, look at your case with fresh eyes, and communicate with you and your family so no one is left in the dark.

Speak with an appeals lawyer in Indianapolis today to understand your options. Schedule online or call (317) 203-8541.

Why Turn to Our Firm for Appeals

When you consider an appeal, you’re asking a court to review what happened at trial. The person handling it should understand trials inside and out. Gary L. Colasessano began his career as a public defender, which gives our firm direct insight into how prosecutors and judges evaluate charges, evidence, and sentencing. That dual perspective shapes how we read a trial record and how we frame issues for appellate judges.

Trial Depth That Shapes Our Appellate Work

Over more than three decades, our firm has handled everything from murder and violent felonies to federal conspiracy and white-collar investigations. That depth of trial experience matters on appeal. We know how transcripts are built, how objections are made, and where legal errors commonly occur because we’ve spent years on the courtroom floor making and responding to those very arguments.

We prepare every case as if it will go to trial. For appeals, that means investing real time in reviewing motions, rulings, and jury instructions rather than scanning for surface-level issues. Our written briefs present a clear, accurate picture of what happened and why it matters under Indiana law. If the Indiana Court of Appeals schedules oral argument, we’re ready for it.

Direct Access & Fair Fees

You work directly with an attorney throughout the process, not with staff or rotating associates. Clients receive prompt responses to calls, texts, and emails, often the same day. We keep our fees competitive and fair. Many families are already under financial strain after funding a trial. The initial consultation is free.

Understanding Criminal Appeals in Indiana

Before you decide what to do, it helps to understand what a criminal appeal actually is. A direct appeal asks a higher court to review the record from your lower court case for legal or procedural errors that may have affected the verdict or sentence. It’s not simply a chance to present your side again because you disagree with the outcome.

How Indiana Courts Handle Appeals

Most felony convictions from Marion Superior Court and other Indiana trial courts go first to the Indiana Court of Appeals, where a panel of three judges reviews written briefs and the full trial record. Oral argument is held in a limited number of cases. When a sentence of death or life without parole is involved, the case goes directly to the Indiana Supreme Court. In either court, an appellate attorney works from the existing record: no new witnesses and no new evidence.

Direct Appeals, Post-Conviction Relief, & Sentence Modification

A direct appeal is distinct from two other paths worth knowing about. Post-conviction relief addresses issues such as ineffective assistance of counsel, a claim that prior counsel’s deficient performance prejudiced the outcome, or newly discovered evidence that wasn’t available at trial. It’s a separate legal proceeding, not a continuation of the direct appeal. Sentence modification may allow a trial court to reconsider parts of a sentence in limited situations. Each option carries different standards, different procedures, and different timing rules.

The 30-Day Deadline Under Indiana Appellate Rule 9

Under Indiana Appellate Rule 9, the Notice of Appeal must be filed within 30 days after the entry of a Final Judgment in the Chronological Case Summary. In most criminal cases, that means 30 days from sentencing. Missing that deadline can extinguish the right to a direct appeal entirely. If you’re considering an appeal, contact us promptly so we can review your paperwork and calendar before time runs out.

How We Review & Handle Your Appeal

Once you reach out, we begin with a focused consultation. We talk with you or your family about what happened at trial, what concerns you have, and what deadlines may already be running. We review the judgment, sentencing order, and any documents you have from the court.

Obtaining the Record & Tracking Deadlines

If we move forward, we obtain the full trial transcripts and the court file: motions, rulings, exhibits, and jury instructions from Marion Superior Court or other relevant courts. Under Indiana Appellate Rule 9, a party must enter into a payment agreement with the court reporter within 10 days of the Notice of Appeal. The court reporter then has 45 days to complete and file the transcript. We track those timelines carefully so nothing slips.

Identifying Viable Issues & Standards of Review

With the complete record in hand, we identify potential appellate issues under Indiana law. The standard of review varies by error type: pure questions of law receive de novo review, evidentiary rulings are reviewed for abuse of discretion, and factual findings are reversed only when clearly erroneous. We evaluate which issues survive those standards and how Indiana appellate courts have treated similar questions. That analysis shapes every argument we raise.

One important limitation: appellate courts generally only review issues preserved at trial through a proper objection. Unpreserved issues face the higher “fundamental error” standard, which is significantly harder to meet. Not every mistake at trial may justify relief, and some strategic decisions by prior counsel may be protected. We’re honest with you about which issues are viable before any work begins.

Briefing, Oral Argument, & Client Communication

Our written briefs present a clear, accurate account of what happened and why certain rulings matter, supported by citations to the record and legal authority. If oral argument is scheduled, we prepare for it with the same thoroughness. Through every stage, we keep you and your family informed about next steps, timelines, and filings. Fees are explained before work begins, and the initial consultation is free.

Common Grounds for Criminal Appeals

Every criminal case is different, and only a careful review of your record can identify whether there are solid grounds for appeal. Appeals focus on legal errors, constitutional problems, or significant procedural mistakes that affected a substantial right, not on relitigating the case from scratch. An error deemed harmless by the appellate court won’t entitle you to reversal even if it was technically wrong.

Examples of issues that may support a criminal appeal include:

• Improper admission or exclusion of key evidence during trial
• Incorrect or incomplete jury instructions on the law
• Sentencing errors or misapplication of Indiana sentencing rules
• Violations of constitutional rights, including due process
• Rulings on motions that affected the fairness of the trial
• Insufficient evidence to support the conviction as a matter of law
• Prosecutorial or juror misconduct

Beyond direct appeals, post-conviction relief petitions can raise issues like ineffective assistance of counsel or newly discovered evidence. Interlocutory appeals, which challenge certain rulings before a final judgment is entered, are available in limited circumstances. An attorney who has spent decades in Indiana courtrooms brings familiarity with these standards and processes when reviewing a record. If you believe something went wrong in your case, the most important step is having someone evaluate the record as soon as possible.

After a Conviction in Indianapolis, What to Do

Hearing the word “guilty” or receiving a severe sentence is overwhelming, and the clock for a possible appeal or post-conviction petition often starts right away.

Right after a conviction or sentence, it can help to:

• Keep all paperwork from the court, including the judgment and sentencing order
• Write down important dates: the day the verdict was read and the day of sentencing
• Avoid filing complex documents without legal guidance
• Talk with your trial attorney about appeal deadlines if you haven’t already
• Understand that filing a Notice of Appeal does not automatically stay the sentence; a separate motion for a stay or appellate bond must be requested

We know families are often the ones searching for help while a loved one is in custody. When you call, we explain the timeframe for appeals and post-conviction relief in Indiana, what records we need, and how we communicate with incarcerated clients. We coordinate with family members, send written updates, and walk through each major step so no one feels left out. We also talk candidly about whether an appeal, a post-conviction petition, or another path may be more realistic for your specific situation. The consultation is free, and our goal is to help you make an informed decision, not to pressure you into any course of action.

Frequently Asked Questions

How Long Do I Have to File an Appeal in Indiana?

Under Indiana Appellate Rule 9, the Notice of Appeal must be filed within 30 days after the entry of a Final Judgment in the Chronological Case Summary. In most criminal cases, that means 30 days from sentencing. Missing this deadline can close off the right to a direct appeal entirely. We review your judgment and dates right away so you know exactly where you stand before any rights are lost.

Can You Handle My Appeal If a Different Lawyer Did My Trial?

Yes. We can review and handle an appeal even when a different attorney represented you at trial. We study the record with fresh eyes and assess prior work respectfully. In fact, some appellate arguments involve ineffective assistance of counsel claims, which require a different attorney to raise. Our focus is on what viable legal issues exist now.

What Are My Chances of Winning a Criminal Appeal?

Appeals are difficult, and no honest attorney can predict a specific result. Your chances depend on the strength of the legal issues, the trial record, and how Indiana appellate courts view similar questions. We explain what we find in the record, where arguments are strong, and where they face real obstacles, so you can decide based on clear, complete information.

How Much Does It Cost to Hire You for an Appeal?

The cost generally reflects the length of the transcript, the number of issues, and the complexity of the case. Indiana also charges a filing fee under Indiana Appellate Rule 9. We keep our fees competitive and discuss them fully before work begins so you know what to expect. Your initial consultation is free.

How Will You Keep My Family & Me Updated?

We return calls, texts, and emails promptly, often the same day. If you’re incarcerated, we coordinate with your family, send written updates, and explain each major step so you don’t feel forgotten in the process. You work directly with an attorney, not staff, and we don’t let important filings or deadlines pass without letting you know first.

Does Filing an Appeal Stop My Sentence From Being Enforced?

No. Filing a Notice of Appeal doesn’t automatically stay the sentence. If you want to seek a delay while an appeal is pending, a separate motion for a stay or appellate bond must be filed and granted. We discuss this option during the consultation so you understand what is and isn’t possible from the start.

Work with an appeals attorney in Indianapolis. Book your consultation online or call (317) 203-8541 to get started.