Trusted Criminal Appeals Attorney serving all of the appellate courts in Illinois and federal courts.
Criminal appeals is the formal method of asking a higher court usually an appellate court or a supreme court to review the findings of a lower court. Appellate courts review the findings of a trial court and the supreme courts review the findings of an appellate court. Appealing to the appellate courts is a right any losing party has but the Supreme Court decides which cases it will hear.
Criminal appeals attorney Omer Jaleel has handled the most complex criminal appeals and post-conviction petitions as both a criminal appellate prosecutor and as a private criminal appeals attorney. His unique background allows him to analyze a case how a prosecutor would and he is able to negate the prosecutor’s case because he knows how to think like a prosecutor.
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The most important part of any criminal appeal or post-conviction petition is an open communication between myself and my client Only with an open dialogue and constant communication can we develop a winning appellate strategy. Together we can overturn your wrongful conviction or unjust sentence.
Omer Jaleel – Criminal Appeals Attorney
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Civil appeals encompass a wide variety of cases. Litigants that are unsuccessful in trials involving family law, negligence, medical malpractice, business litigation, contract disputes, and any other civil case may appeal if they lose at trial. Essentially, any direct appeal other than in a criminal case falls under the civil appeal umbrella. In fact, post-conviction petitions and writs of habeas corpus are civil proceedings.
A direct appeal is a formal pleading seeking to have a 3-judge panel review the trial court’s decision. During an appeal, the appellate court will review whether an error occurred in the trial court that resulted in a denial of due process or an error that resulted in anything less than a fair trial.
The rules related to filing a criminal appeal contain strict timelines from when you must file a notice of appeal to how long you have before your appellate brief must be filed with the court.
Post Convictions Petitions
Post-conviction petitions are collateral attacks on wrongful convictions that are separate and apart from a direct criminal appeal. Post-conviction petitions are the state equivalent of federal habeas corpus petitions. While not required by law, post-convictions usually follow a direct appeal. Post-conviction petitions, unlike a direct criminal appeal, allows the defendant to raise substantial constitutional deprivations that do not appear in the record. Often times, post-conviction petitions deal with recanted evidence, DNA evidence that was not previously testified, ineffective assistance for failure to present known evidence, and claims of actual innocence.
Post Trial Motions
A well-written post-trial motion is an important tool in overturning a wrongful conviction. A post-trial motion allows any errors that occurred to be fixed without the need for a direct criminal appeal or a post-conviction petition. Even more important, any issues or arguments not raised in a post-trial motion are forfeited for appeal.
Habeas Corpus Petitions
A habeas corpus petition is a writ that seeks post-conviction relief in federal court. However, a habeas corpus petition is much more than any other writ. In fact, the habeas corpus petition is known as the “Great Writ” because it has the ability to free a prisoner who is unlawfully incarcerated. The habeas corpus petition is similar to a post-conviction petition filed under Illinois law. In fact, federal rules require that a habeas corpus petitioner exhaust all state remedies before filing a federal habeas corpus petition.
Supreme Court Review
Although many a disappointed litigant has threatened to appeal its case “all the way to the Supreme Court,” review of any case by the United States Supreme Court is hard to come by. This difficulty in obtaining Supreme Court review in turn serves to heighten the significance of any opinion rendered by the Court.
A section 2-1401 petition is a remedy from the Rules of Civil Procedure that is also applicable in Illinois criminal law. Section 2-1401 petitions are also known as a petition for relief from judgment. The applicable law related to Section 2-1401 petitions is found at 735 ILCS 5/2-1401. The purpose of a Section 2-1401 petition is challenge final orders, judgments, and decrees by presenting to the trial court’s attention matters of fact that were unknown at the time the court made the judgment. However, petitions for relief from judgment are not designed to provide a general review of all trial errors or as a substitute for direct criminal appeal.
Appealing a wrong decision is not limited to a finding of guilty or issues raised at trial but it can also occur because a losing party wants to appeal a denial of a post-conviction petition.