Factors for Client To Consider for Jury Waivers There are many factors in jury waiver, below are only some of many things counsel should consider when advising a client about the benefits and drawbacks of a jury trial. Each factor should be accorded a heavier or lighter weight depending on the specific case. The Client …
Sentencing Guidelines in Illinois A sentence is a disposition imposed on the defendant such as court supervision, probation, conditional discharge, jail, or prison. Once a defendant is found guilty, a sentencing hearing is held. At the sentencing hearing, several options are available to the judge. Convicted felons are required to submit a DNA sample. An …
Criminal Arrest Process in Illinois The criminal arrest process can be confusing and daunting. Being arrested for a crime or having a loved one arrested can be a life-altering event and the last thing you need to worry about is what to expect next in the criminal arrest process. We created this primer on the …
Get an Honest and Experienced Appeals Lawyer on Your Team Being convicted of a criminal offense is a life-altering event. While facing the prospect of incarceration you must decide whether you want to file a direct appeal in your case and unfortunately time is not on your side. Illinois appeals law requires anyone convicted of …
When can we Appeal? The most common grounds for appeal of a criminal conviction are improper admission or exclusion of evidence,, ineffective assistance of counsel, insufficient evidence, prosecutorial misconduct, jury misconduct and/or abuse of discretion by the judge. After a court has convicted and sentenced a criminal defendant, the defendant may file an appeal to …
What are the challenges when filing successive post-conviction petitions? Successive post-conviction petitions in Illinois are very difficult to file. The Post-Conviction Hearing Act allows challenges to a conviction when the conviction resulted in a substantial constitutional deprivation that could not have been raised earlier in a direct criminal appeal. Because of this post-conviction petitions are …
How long does post-conviction relief take? There are many factors that go into how long a post-conviction petition takes in Illinois including the complexity of the issues, the ability to quickly locate and interview potential witnesses, how long it takes for parties to respond to subpoenas and how long it takes for the State to …
Have You Receive Ineffective Assistance of Counsel? As stated in the previous section, the grounds available for overturning a conviction on appeal are numero and are really only limited by the cleverness and legal dexterity of the appellate attorney handling the appeal; however, one of the most common arguments raised on appeal is the ineffectiveness …
Improve your chance of successful Appeal Pursuing an appeal is a difficult, time-consuming, and often times a losing endeavor. Despite all these headwinds, an appeal is the only method available to remedy the wrong that was committed at trial and to get you the justice that you deserve. You can however do a few things …
What is the Appeals Process? Not the End of the Road: Appealing a Conviction in Chicago, Illinois The trial has ended and the jury has just returned from its deliberations. The foreperson tells the judge that the jury has reached a unanimous decision. The jury’s signed verdict is handed from the bailiff to the clerk. …
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