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The trial process is not always fair. Unfortunately, this unfairness sometimes translates into mistakes being made by either the Judge, the Jury, or both. Correcting such errors is why Appellate Courts exist. An Illinois defendant, who has been convicted of a criminal offense, has the right to challenge the previous decision. Our Chicago attorney handles Illinois criminal appeals and strives to provide the highest level of representation. Contact our Orland Park office today to speak with an appellate lawyer.
Not all attorneys handle appeals. This makes it even more crucial that you immediately contact counsel as you only have a limited amount of time to begin the process. Michael is a former prosecuting attorney with over thirty years of experience and is comfortable with the process. He handles appeals in cases involving felonies, drug charges, violent crimes, and more. Do not risk your future to a lesser experienced attorney. Call our office today.
Appeals are a different process than that which occurs in the Circuit. Contrary to what many believe, an appeal is not a “do over” or a new trial. The Appellate Court does not hear testimony or consider new arguments. Instead, it reviews the record of the original proceeding and determines whether the Court made a legal mistake such as improperly admitting evidence, improperly overruling objections, as well as other mistakes. The Court will also review the record to determine if the facts presented at trial justified the finding of a conviction. If successful on appeal the defendant may be awarded a new trial or an outright dismissal.
An Illinois appeal begins by filing a “Notice of Appeal” with the Court. This is a short formal document which indicates that the case is being appealed. This must be filed within thirty days of the conviction or else the defendant will generally lose their right to appeal. It is then necessary to designate which parts of the Circuit Court record will be used during the appellate process. If a document or record is not designated then it will not be used. An opening brief will be filed by your lawyer, the state will file a response, and a reply will be filed to that response. The Court will hear oral arguments if they deem it warranted. A decision will be issued at a later date and will determine the outcome of the appeal.
Michael J. Brennan is a Chicago criminal appeals lawyer handling Illinois state cases. Once retained he will immediately acquire the record for your conviction and determine whether errors were made and what arguments can be made to reverse the decision. He will ensure that all matters are handled timely, that you stay informed as to the status of your case, that you know what to expect from the process, and that you are given a realistic assessment of the situation. Nothing is more serious than one’s freedom and Michael gives such matters his full attention. Call today to speak with an attorney.