In Illinois, the appeals process allows you to ask a higher court to take a look at a legal case that has already received a verdict. So if you’ve been wrongly convicted of a crime, you have the right to appeal your case to a higher court. The appeals process is complex. In this article, we are going to take a look at the appeals process in the state of Illinois.
The Definition of an Appeal
Put simply, an appeal is the act of asking a higher court to reconsider a previous conviction or judge’s ruling. Generally, appeals must be based on some legal error that occurred in the original case in order to hold any water. The appellant (the defendant from the previous case being appealed), must prove that legal mistakes caused them to receive an unfair or biased trial that ultimately resulted in an unfair conviction or sentence.
When am appeal is submitted, the court examines the records from the initial court proceedings from the case being appealed. They will also consider briefs written by both sides that explain the specific issues at question and why there is an alleged violation of the appellant’s rights. The appeals court may also hear oral arguments from both sides during the process.
If the appeals process is successful, the appellant may receive an overturned conviction or an amended sentence.
Naperville Defense Lawyers
It’s important to work quickly when considering an appeal, so contact a skilled appeals lawyer as soon as possible after your conviction. At Appelman & Lloyd, we are dedicated to providing quality representation to clients facing criminal and civil legal matters. Whether you are facing a drunk driving change, or you’re dealing with a matter in small claims court, we have the resources and experience to help you reach a favorable conclusion. Reach out to us today to set up your free initial case review with one of the attorneys at Appelman & Lloyd. We are located in Naperville, but represent clients throughout the Chicago area.