The Illinois Criminal Appeals process is explained.
A Criminal appeal in Illinois is not another trial but an opportunity for the defendant to try to raise specific errors that might have occurred at trial. Litigating a criminal appeal in Illinois is vastly different then litigating a criminal defense case at the trial level. During a criminal appeal no new evidence is presented, no witnesses testify and the criminal appeal is decided by three justices. The Illinois appellate courts decide the case based upon the appellate brief that is filed and often the case is not even called for an oral argument. Because of this drafting and arguing a criminal appeal to an Illinois appellate court requires a unique set of legal skills different than presenting a case to a jury. Contact our criminal appeal lawyers to discuss your case.
Call 630-360-2529 for a free initial consultation.
What are the reasons to appeal in Illinois?
Criminal Appeals in Illinois are granted for many reasons but generally they fall into three main categories:
- A criminal appeal in Illinois will be granted when the trial court made a legal ruling that affected the outcome of the trial.
- The trier of fact reached a verdict that was legally incorrect.
- The attorney representing the defendant provided ineffective assistance of counsel.
Ultimately, the grounds for a criminal appeal are vast and are only limited by the skill and experience of the criminal appeals attorney. That is why the decision of which criminal appellate lawyer to hire is so critical.
Explain Criminal Appeals Law in Illinois?
Criminal appeals law in Illinois is the area of law where criminal defense and appellate procedure collide. Criminal appellate law is the mechanism to challenge a trial court’s legal or factual conclusions. Mr. Jaleel has the experience of being a former appellate prosecutor and an assistant state’s attorney in the trial courts so he has the experience of handling criminal cases at both the trial level and the appellate level as both a prosecutor and as a criminal defense attorney. That background is unique and provides him with the large breadth of knowledge necessary to properly handle criminal appeals in Illinois and the 7th Circuit Court of Appeals. Jaleel Law focuses exclusively on state and federal court appeals. We provide our clients with experience and knowledge. This translates into a successful criminal appellate lawyer that believes in winning and providing skilled counsel to our clients. Call Us At 630-360-2529.
What Does a Criminal Appeals Lawyer/Attorney in Illinois Do?
A Criminal Appeal Lawyer handles cases from trial courts to appellate courts. Criminal appeals are heard before a panel of three judges. Criminal appeal lawyers will need to first create the appellate record to ensure that it is complete and complies with all appellate rules. Once the appellate record is prepared, the criminal appeals lawyer will review the appellate record for any potential appellate issues. At the same, the criminal appeals attorney will research statutory and case law that support the claims of error on appeal. Once the review of the record and the legal research is complete, the criminal appellate lawyer will begin the arduous process of writing the appellant’s opening brief, which is the principal means of establishing the reasons why the appellate court should reverse the defendant’s conviction or remand the case for a new trial.
What is an appellate record in criminal appeal?
As mentioned before a criminal appeal does not involve the presentation of any evidence to the appellate court. Instead, the appellate court is only concerned about what transpired at the trial court. What happened in the trial court consists of three separate parts. The first part is known as the common law record which consists of all the filings that any party made with the trial court. The second part consists of what was spoken at the trial court and recorded by the court reporter, this part is known as the record of proceedings. The third part consists of all the exhibits that were entered into evidence during the trial. To find out more, please connect with our appellate lawyers.
What is an Appellate Brief in a Criminal Appeal?
An appellate brief in a criminal appeal is by far and away the most important part of a successful appeal. In the appellate brief, the criminal appeal attorney will highlight the errors that occurred in the defendant’s trial and then demonstrate how other appellate courts have handled similar cases in the past with the goal to show that the errors committed at trial whether by the trial court judge, the jury, or even the prosecutors have been found to be reversible errors in past similar cases. To make such arguments requires a tremendous wealth of knowledge of criminal law, rules of evidence, rules of criminal procedure and the rules of appellate procedure. That is why Jaleel Law is regarded as one of the best criminal appeals attorneys in the nation.
What are the grounds for an appeal in a criminal case in Illinois?
The grounds for appealing a criminal conviction are only limited by the imagination of the criminal appellate attorney. Some common grounds for appealing a criminal conviction consists of legal errors made by the trial judge such as allowing a piece of evidence into evidence or not allowing an item to be entered into evidence; errors made by the prosecutor which can be failing to tender evidence to the defense or making improper statements during closing arguments. The grounds to appeal a criminal case are numerous and each ground has numerous sub-grounds. Sometimes, a criminal appeals attorney will fight to change the law and make arguments that challenge the current state of the law. Our law firm handle all types of criminal appeals; contact our criminal appeals attorneys to review your case.
How do you Appeal a Criminal Case in Illinois?
All criminal appeals cases start with the filing of a notice of appeal with the trial court that entered the conviction. However, successful appeals usually begin with a through motion for a new trial which raises all the issues that may have occurred at trial. At Jaleel Law we have handled countless motions for a new trial as both a prosecutor and as a criminal defense attorney and we understand how important a motion for a new trial can be for a successful criminal appeal. If you or your family member has been convicted of a criminal offense, we would urge that you reach out to an experienced criminal appeals attorney well before filing the notice of appeal.
How Much Does It Cost to Appeal a Criminal Case?
Appeals are expensive because they are complex, involve niche area of the law that few attorneys practice, and it is extremely time-intensive. Often a complex felony case either in state court or federal court can consists of thousands and thousands of pages of documents. A criminal appellate attorney must review each page often multiple times to properly review the record for potential criminal appeal issues. Researching the relevant appellate issues also takes a considerable amount of time. Recently, Mr. Jaleel was required to cite an Illinois Supreme Court decision form 1865 to establish his client’s position. Ultimately, the cost of an appeal will depend on the nature of the charge, the length of the trial, and the number of issues that need to be raised on appeal. Appeals are complex and are a thinking man’s game because of this Jaleel Law normally charges a flat fee to appeal a criminal case.