If you or a loved one has been convicted of a crime in Illinois, understanding the appeal process is crucial. Knowing your options can help you seek a fair outcome and protect your rights.
Can You Appeal a Criminal Conviction in Illinois?
Appealing a criminal conviction involves challenging the decision made by the trial court. This guide explains the following:
- The basics of criminal appeals
- Grounds for appealing a conviction
- The appeal process
- The role of a Chicago criminal defense lawyer
Here’s a closer look at each.
The Basics of Criminal Appeals
A criminal appeal is a legal process where a higher court reviews the decision of a lower court. The purpose of an appeal is to determine whether legal errors were made during the trial that could have affected the outcome. It’s important to note that an appeal is not a new trial; no new evidence is presented. Instead, the appellate court reviews the trial record to ensure the law was applied correctly.
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Grounds for Appealing a Conviction
There are several grounds on which you can appeal a criminal conviction in Illinois. Legal errors made by the judge regarding the law, such as incorrect jury instructions or improperly admitted evidence, can be a basis for appeal. Insufficient evidence is another ground, where you claim that the evidence presented at trial was not enough to support a guilty verdict. Prosecutorial misconduct, such as withholding evidence or making improper statements to the jury, can also justify an appeal.
Additionally, ineffective assistance of counsel, where your lawyer’s performance was so deficient that it deprived you of a fair trial, can be grounds for appeal.
Finally, juror misconduct, such as discussing the case outside of deliberations or being influenced by outside information, can be a valid reason for appealing a conviction. These grounds must be clearly demonstrated in your appeal to show that your conviction was unjust.
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The Appeal Process
The appeal process in Illinois involves several steps. First, you must file a notice of appeal with the court that issued your conviction. This must be done within 30 days of the final judgment.
Next, your lawyer will compile the trial record, including transcripts, evidence, and any motions filed during the trial. Both your lawyer and the prosecution will then submit written briefs to the appellate court, outlining their arguments and citing relevant legal precedents. In some cases, the appellate court may schedule oral arguments where both sides can present their case and answer questions from the judges.
The appellate court will review the case and issue a written decision. The court may uphold the conviction, reverse it, or remand the case for a new trial.
The Role of a Chicago Criminal Defense Lawyer
A Chicago criminal defense lawyer plays a crucial role in the appeal process. Your lawyer will help identify grounds for appeal, prepare the necessary documents, and present compelling arguments to the appellate court. Having an experienced lawyer increases your chances of a successful appeal by ensuring that all legal procedures are followed and that your rights are vigorously defended.
Related: 5 reasons NOT to defend yourself in court
FAQ About Appealing a Criminal Conviction in Illinois
Check out these commonly asked questions about appealing a criminal conviction in Illinois. If you don’t see your question here, please call our office and we’ll find you the answers you need.
How Long Do I Have to File an Appeal?
You have 30 days from the date of the final judgment to file a notice of appeal. Failing to meet this deadline can result in the loss of your right to appeal.
Can I Present New Evidence During My Appeal?
No, an appeal is not a new trial. The appellate court reviews the existing trial record to determine if legal errors were made. New evidence is not considered during the appeal process.
What Are the Possible Outcomes of an Appeal?
The appellate court can uphold the conviction, reverse the conviction, or remand the case for a new trial. In some cases, the court may also modify the sentence.
How Long Does the Appeal Process Take?
The appeal process can take several months to several years, depending on the complexity of the case and the court’s schedule. Your lawyer can provide a more accurate timeline based on the specifics of your case.
What Happens If My Appeal Is Denied?
If your appeal is denied, you may have other options, such as filing a motion for reconsideration or appealing to a higher court. Your lawyer can advise you on the best course of action based on the circumstances of your case.
Do You Need to Talk to an Attorney?
If you’ve been accused of a crime, we may be able to help you – and don’t worry: It’s completely confidential. Call us at 847-920-4540 or fill out the form below to schedule your free, private consultation with an experienced and skilled Chicago criminal defense attorney now.
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