Probable cause is a term that is used often in criminal law and is one of the most common issues in a criminal appeal in Illinois or federal court. Probable cause allows a police officer to arrest someone or to conduct a search without an arrest warrant and it is required before a judge can …
What is a Notice of Appeal? The notice of appeal is the formal method of transferring jurisdiction of the case from the trial court to the appellate court. Both federal appeals courts and Illinois appellate courts require a notice of appeal to be timely filed before an appeal can be taken. A notice of appeal …
4th Amendment The 4th Amendment to the US Constitution does two things. First, it protects individuals from searches and seizures that are unreasonable. Second, it creates the constitutional minimum requirements before a warrant is issued. The Fourth Amendment states: The right of the people to be secure in their persons, houses, papers, and effects, against …
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 …
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 will post-conviction relief take to resolve? 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 …
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 …
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