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Appealing Your Sentence in Chicago: What You Need to Do
|Last Updated on: 1st October 2023, 03:24 pm
Appealing Your Sentence in Chicago: What You Need to Do
Getting convicted of a crime is scary, I know. The good news is that if you think there were mistakes in your case, you can ask for an appeal. This means a higher court will look at your case again to see if the trial court made any big errors.
The appeals process has a bunch of steps and rules, so it can get confusing. But don’t worry – I’m here to walk you through it and explain what you need to do. I know this is a stressful time, so I’ll try to break it down in simple terms.
First Things First: Act Fast
You only have 30 days after you’re sentenced to file a notice of appeal. So as soon as your trial ends, start prepping your appeal documents. I’d recommend talking to a lawyer to make sure you do this right.
Next: File the Notice of Appeal
This short document tells the court you plan to appeal. File it with the trial court clerk – they’ll give you the forms. Make a few copies to send to the prosecutor and the court reporter too. They need a heads up that you’re appealing.
Get the Record
Now you need the record from your trial. This has all the documents and transcripts from your case. Send the court reporter a letter saying you need it for your appeal. They’ll put it together and send it to the appeals court.
Write Your Appellant Brief
Here’s where you explain why you’re appealing. Say what errors the trial court made and why they matter. Quote the record a lot to back up your points. Follow the court rules on how to format this – it’s pretty strict.
File Your Brief
Make a bunch of copies of your brief and file it with the appeals court by the deadline. Send copies to the prosecutor too. Now you wait for their response.
Read the Appellee Brief
The state will file a brief arguing why your appeal should fail. Read it closely so you can counter their points.
Write Your Reply
You get to respond to what the state said in their brief. So pick apart their arguments and explain why you’re still right.
Oral Arguments
Some appeals get oral arguments where each side makes their case to the judges in person. If you get one, prepare like crazy to make a good impression.
The Decision
Finally, the appeals judges will rule. If they agree with you that the trial court messed up, you could get a new trial or a reduced sentence. Good luck!
Still Not Happy? Appeal Again!
If the appeals court says no, you might be able to ask the state supreme court to take your case. Very few cases make it this far though.
Whew, appealing is a lot of work! Having a lawyer helps a ton, since there are so many technical rules. I tried to break it down into simple steps to make it less scary. Let me know if you have any other questions!
FAQs
How much does it cost to appeal a case?
Appeals can get expensive, unfortunately. Expect to pay your lawyer at least $10,000 if not a lot more. The record also costs money to prepare. Some folks qualify for a free public defender though.
What are my chances of winning an appeal?
Not great – only around 1 in 10 criminal appeals succeed. But that chance is still worth it if you got an unfair trial.
How long does the appeals process take?
It varies a lot, but expect 6 months to a few years before your appeal is decided. These things move slowly.
Can I get out of jail while appealing?
Maybe – you can request an appeal bond to be let out while waiting. But bonds are hard to get for serious crimes.
What if I miss the appeal deadline?
You may be able to file a late notice of appeal if you have a valid excuse. But don’t wait too long or you’ll lose your right to appeal.
Key Laws and Precedents
When making your appeal argument, it helps to cite important laws and past cases. Here are some of the big ones:
- Illinois Supreme Court Rules – lays out all the procedures and deadlines for appeals in IL
- People v. Smith – IL case on appeals based on insufficient evidence
- People v. Simpson – appeal case on improper closing arguments
- People v. Moore – appeal based on improper admission of evidence
Hope this gives you some good starting points! Let me know if you need help finding more sources.
About the Author
I’m Mike, a legal assistant at a law firm in Chicago. I help our lawyers with appeals every day. My goal is to make the appeals process less intimidating by explaining it in simple terms. Let me know if you have any other questions!