Criminal Appeals in Chicago

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Last Updated on: 1st October 2023, 03:24 pm

How to File a Criminal Appeal in Chicago: A Step-by-Step Guide for the Average Joe

So you or your loved one was convicted of a crime in Chicago, and you want to appeal the conviction. Don’t worry, you got this! Appealing a criminal conviction may seem intimidating, but this handy guide will walk you through the process, step-by-step. We’ll explain it in simple terms so even someone without a law degree can understand.

First Things First: Should You Appeal?

Appealing a conviction is a big decision that requires time and money. Before jumping in, ask yourself:

• Were there obvious mistakes made in your case – by the judge, the lawyers, the police?
• Is there important new evidence that wasn’t presented at trial?
• Do you have strong legal arguments that your conviction or sentence was unlawful?

If you answered “yes” to any of these questions, you may have grounds for an appeal. If not, appealing probably won’t get you very far.

Of course, consulting with a lawyer can help you make the best decision. But if you can’t afford a lawyer, don’t sweat it – this guide’s got your back!

How the Appeal Process Works

There are a few key players in the appeal process:

• You, the appellant (or your lawyer if you have one)
• The appellee – this is the State of Illinois
• The trial court – the court that originally convicted you
• The appellate court – the court that will hear your appeal

Here are the basic steps:

1. You file a notice of appeal in the trial court within 30 days of your conviction. This tells the court you plan to appeal.
2. The trial court sends the record of your case – all the documents and transcripts – to the appellate court.
3. You submit your appellate brief, explaining why your conviction or sentence was unlawful. The State gets to respond.
4. The appellate court reviews everything and makes a decision – either affirming your conviction, reversing it completely, or something in between.

This whole process usually takes around a year or longer. It’s not quick, so be patient!

Step 1: File the Notice of Appeal

To start, you need to file a simple notice of appeal in the trial court within 30 days of your conviction. The court clerk has forms you can use.

The notice just says you’re appealing your conviction and sentences to the appellate court. That’s it!

Make sure to file the notice on time – late notices often get denied. And send copies to the State’s Attorney’s office too.

I’d give the clerk’s office a call to ask about the process before heading down there. They can ensure you do it right.

Step 2: Get That Record to the Appellate Court!

After you file the notice, the trial court starts preparing the “record on appeal” – all the documents and transcripts from your case. This can take a few months.

The court sends the record to the appellate court, and you’ll get a copy too. Review it carefully – this is your chance to see any mistakes made at trial.

Step 3: Write Your Appellate Brief

Here’s the fun part: writing the appellate brief explaining why your conviction or sentence was unlawful.

Your brief needs to clearly state the factual and legal grounds for appeal. Like if the judge allowed improper evidence or the prosecutor made inappropriate comments.

The brief should tell a story about how you were wronged, citing specific examples from trial. Quotes and transcript references help.

Stick to the most important issues – appellate courts don’t like briefs over 50 pages. Quality over quantity!

Formatting rules are strict, so read the court rules. And have a lawyer review your brief if possible – legal writing is tricky.

After you submit your brief, the State writes a response, and you can reply to that too. Then it goes to the judges.

Step 4: Hope Those Judges See it Your Way!

Finally, the waiting game. The appellate judges will review all the documents – usually without a hearing – and make their decision, called the “disposition.”

It can take months, even over a year in some cases. The wheels of justice turn slowly, so stay patient.

The court can affirm your conviction, reverse it completely, or anything in between. Like reducing your sentence or ordering a new trial.

If you win, congratulations! But if you lose, you can ask the appellate court to reconsider or even appeal to the Illinois Supreme Court.

So that wraps up the basics of filing a criminal appeal in Chicago. It’s a long road, but taking it one step at a time makes it manageable. With smart legal arguments and a little luck, you can show that conviction was bogus. This guide just skims the surface, so be sure to dig into those court rules. And don’t be afraid to ask the clerk’s office if you need help – they want you to get it right. You got this!

More Resources on Illinois Criminal Appeals

– Guide for Appeals to the Illinois Appellate Court – Timelines, FAQs, and rules of appellate procedure

– How to File a Notice of Appeal in Federal Court – Step-by-step guide for federal criminal appeals

– Navigating the Chicago Criminal Justice System – Overview of the criminal court process in Chicago

– Criminal Appeals in State Courts, 2010 – National data on criminal appeals from the Bureau of Justice Statistics

– Criminal Defense Appeal Attorney Chicago – Appeal lawyer profiles and case results

– Chicago Criminal Appeal Lawyer – Information on appealing Chicago convictions

Hope this guide gives you a good starting point for filing your criminal appeal in Chicago. The process takes time and effort, but it could be your chance to overturn a wrongful conviction. With the right legal arguments and perseverance, you can show the courts they made a mistake. Now get out there and start working on that appeal – you got this!