There are few things more stressful or frustrating than receiving an adverse verdict in a criminal case. In Illinois, a defendant has the right to appeal an unfavorable decision by a judge. A conviction does not mean the end of the fight. That being said, bringing a successful appeal in a state or federal criminal case is not easy. There are unique rules and procedures that you need to know.
A criminal appeal should always be filed by an experienced appellate law attorney. Even a seemingly small error in your appeal could cost you your opportunity to pursue justice. In this article, our Chicago criminal appellate attorney provides an overview of the criminal appeals process and explains why it is so important to have a lawyer with specialized appellate law experience.
As a starting point, it is important to emphasize that there are very strict deadlines in the criminal appellate process. You must be prepared to start your appeal very shortly after receiving an adverse verdict from a judge. As explained by the Illinois Courts, a defendant who has been convicted of a criminal offense should start the appeals process by filing something called a ‘Notice of Appeal.’
As a general rule, a Notice of Appeal in Illinois must be filed within 30 days of the date that the trial court entered the judgment in your case. To be clear, a Notice of Appeal is not your entire appeal. Instead, it is simply a legal step that you need to satisfy to start the appeals process. An experienced Chicago appellate lawyer can help you submit your timely Notice of Appeal in a criminal case.
Appellate Law Tip: Do not miss your opportunity to file an appeal of an unfair decision. Start the process of initiating your criminal appeal in Illinois as soon as possible.
The next step in the process is understanding how appellate law actually works. Your appeal is not a chance to have a second hearing. It is not a re-trial and it is not a new trial. As succinctly explained by the American Bar Association (ABA), the primary role of an appellate court in a criminal case is to review the legal process and the decision of the lower court to “errors in the trial’s procedure or errors in the judge’s interpretation of the law.” To bring a successful appeal in a criminal case in Illinois, you must have specific grounds. Some notable grounds for appeal include:
An Illinois criminal appellate law attorney will be able to review the decision, evaluate the process used by the trial court, and determine what, if any, grounds for appeal are available in your case. It is imperative that you are able to raise all possible grounds for appeal as part of your challenge to an adverse verdict. These are highly technical legal matters and this is a specialized area of law. A criminal appeal should be prepared by an experienced Chicago appellate lawyer.
Appellate Law Tip: A successful appeal requires providing specific, well-supported grounds that demonstrate a miscarriage of justice. Make sure your appeal is clear and backed by strong arguments.
A criminal appeal is far different than a trial. With very limited exceptions, the appellate court will not hear new evidence. Instead, it will be restricted to reviewing the evidence that has already been entered into the record. Oral arguments are not a big part of the appeals process. Instead, the core of your appeal is the appellate brief.
As described by the Illinois Courts, an appellate brief is your opportunity to tell the appeals court “why the trial court should not have entered an order or judgment against you.” An appellate brief should be comprehensive, well-argued, and include compelling citations to the relevant state and/or federal law.
Appellate Law Tip: An appellate brief is a highly technical legal document that should be drafted by an Illinois attorney who has the skills, experience, and professional expertise to handle criminal appeals.
At The Law Offices of Vadim A. Glozman, our Chicago criminal appellate lawyers have the specialized legal expertise that you can count on. If you have any questions about filing a criminal appeal, we are here to help. Give us a call at 312.726.9015 or contact us here to set up a fully confidential, no-obligation initial consultation. From our Chicago legal office, we provide appellate law representation throughout Northern Illinois, including in Cook County, DuPage County, Lake County, Will County, and Kendall County.