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 State to file its response to the post-conviction petition. Generally, one can expect that a post-conviction will be resolved in the trial court within one-year; however, if a party files an appeal challenging the denial or dismissal of a post-conviction the timeline will be increased significantly.
What is Post-Convictions petition?
A post-conviction petition and a writ of habeas corpus in federal court is mechanism to free someone who is being held in custody resulting from a substantial constitutional deprivation such as ineffective assistance, illegal searches and seizures, or unlawful confessions. Only errors that are rooted in the Illinois Constitution or the US Constitution can be raised in a post-conviction proceeding.
Post-conviction and habeas corpus 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.
What are the stages of Post-Convictions Petition?
Illinois law has created 3 different stages a petitioner must overcome before obtaining post-conviction relief.
- In the first-stage, the petitioner files a post-conviction petition alleging that he was denied a substantial right guaranteed to him by the U.S. Constitution or the Illinois Constitution. The substantial denial of the constitutional right must have occurred in the proceeding that resulted in his incarceration. The trial court has 90 days from the filing and docketing of the post-conviction petition to make a ruling. If the court finds that the post-conviction petition is frivolous or patently without merit then the post-conviction proceeding is over. However, if the court does not dismiss the post-conviction petition at the first-stage then the petition advances to the next stages.
2. The 2nd stage of the post-conviction proceeding applies only when a petitioner files a pro se post-conviction petition at the first-stage.
3. The third-stage of the post-conviction petition consists of a hearing on the post-conviction petition. At the hearing, the trial court may consider affidavits, depositions, oral testimony, or any other relevant evidence.