How Can I Appeal My Conviction in Illinois?

 Posted on September 12,2024 in Criminal Defense

Being convicted of a crime can be extremely distressing. You are likely thinking about your rights and freedoms that will be taken away from you and the implications the criminal charges can have on your future. Depending on your case, you might be able to appeal your conviction, but you need to do it as quickly as possible. If you want to appeal your Illinois conviction, speak with an experienced Chicago, IL criminal defense lawyer to review your options.

When Does Illinois Allow Conviction Appeals?

There are certain circumstances under which a conviction or sentence can not be appealed, but that will be mentioned explicitly during the sentencing. Otherwise, you are legally entitled to appeal your conviction. Some common reasons that are given for requesting an appeal include:

• Evidence: You might appeal your conviction if a piece of evidence you feel could prove your innocence was not allowed by the judge. On the other hand, if the judge allowed evidence that you were opposed to, this could also be a reason for you to seek an appeal.
• Misconduct: If you feel that the judge or jury showed misconduct during your trial, you can request an appeal.
• Errors: If you noted errors by the prosecutor, for example stating lies as facts in closing arguments or inappropriate behavior throughout the trial, this would be a valid reason to ask for an appeal.

When Are Appeals Granted in Illinois Convictions?

No one can predict the future, but there are certain arguments you can make that would have a higher chance of getting your request granted. These include a legally incorrect verdict, inappropriate, inaccurate, or unfair arguments by the prosecutor, and ineffective representation by your lawyer. It is not easy to get a conviction overturned. If you can show that the arguments and evidence were false, that mistakes were included in the case, or that the court where your trial was held did not have jurisdiction, your request might succeed.

How Do I Appeal My Conviction?

There is a clear process with designated steps to follow if you want to appeal your conviction.

• First, you need to file a notice of appeal with the Appellate Court in your district within 30 days of receiving your conviction.
• Next, gather and review all the documentation from your trial. This includes court transcripts, evidence, and motions that were entered into court. Go over it meticulously to discover any legal errors.
• After that, your lawyer needs to submit briefs describing errors from the trial and go to the appellate court with arguments aimed at getting your conviction overturned or reducing your sentence. The court might schedule a time to hear oral arguments, giving your lawyer a chance to keep advocating for your appeal.

Schedule a Free Consultation with a Cook County, IL Criminal Defense Lawyer

If you are convicted of a crime, speak with a seasoned Chicago, IL criminal defense attorney about requesting an appeal. Serious convictions lead to serious penalties and future challenges that can last long after you have completed your sentence. At Law Offices of James F. DiQuattro we are dedicated to fighting for our clients’ rights and getting the best outcomes for their cases. Call us at 312-627-9482 to schedule a free consultation.