Can I Appeal My Illinois Criminal Conviction?

 Posted on June 06, 2024 in Criminal Defense

Dealing with an Illinois criminal conviction is stressful, and when a conviction lands on your record, it can greatly affect your future. In some cases, you may be able to appeal your criminal conviction, though this will need to be done quickly to ensure the appeal process starts as soon as a conviction is handed down. You will need a skilled Illinois criminal defense attorney at your side to advocate for your rights throughout this process.

When Can I Appeal an Illinois Criminal Conviction?

Unless explicitly stated during the sentencing process, you have the right to fight your criminal conviction and resulting sentence with an appeal. There are many reasons why an appeal might be filed, and it is up to your attorney to point out these reasons as grounds for an appeal. Common reasons why an appeal might be requested include:

• A trial judge allowing or not allowing a certain piece of evidence into court

• Errors by the prosecutor, such as incorrect closing arguments or improper behavior

• Jury or judge misconduct during the trial

• Legal or procedural errors during the conviction process

Your appeal request will generally have a higher chance of being granted if the reasons for the appeal fall into one of these categories:

• The trial court made pretrial rulings that were incorrect or unfair

• The verdict was legally incorrect

• Your attorney’s representation was ineffective

• The prosecutor made incorrect, unfair, or inappropriate arguments

Typically, a major error during the trial process will need to exist for your appeal to be approved. Once it has been approved, you will need to show that the evidence presented in court was incorrect, that there was a mistake in the case, or even that the court did not have the proper jurisdiction to hear your case to receive an overturned conviction.

Steps for Appealing an Illinois Criminal Conviction

If you wish to appeal your Illinois criminal conviction, you will need to follow the proper steps for filing an appeal and starting this process. The Illinois Appellate Court, established by Illinois’s Appellate Court Act, will handle your criminal conviction appeal.

Steps for appealing an Illinois criminal conviction include:

• Provide notice of the appeal – File your notice of appeal with the appellate court in your jurisdiction within 30 days of the conviction; missing the 30-day deadline means giving up your right to appeal.

• Gather the trial record – The trial record of your conviction includes court transcripts, evidence, and any motions entered into court.

• Review the trial record – Review the trial record and applicable documents, identifying and communicating the legal errors.

• Submit briefs and arguments – Your lawyer will submit briefs that detail trial errors and work to persuade the appellate court to overturn your conviction or reduce your sentence.

• Oral arguments – Oral arguments are sometimes scheduled and allow your lawyer to continue advocating for your conviction to be overturned.

Your lawyer will complete most of these steps on your behalf, and will communicate progress on your appeal with you as it moves along.

Contact an Elgin, IL Criminal Defense Lawyer

Appealing a criminal conviction in Illinois is a difficult task, and you need an experienced Aurora, IL criminal defense attorney at your side to guide you through this process. Attorney Brian J. Mirandola is a former Assistant State’s Attorney with in-depth knowledge of the criminal legal system and the first-hand experience necessary to aggressively advocate for your rights.

Call The Law Office of Brian J. Mirandola at 847-488-0889 for a free consultation.