Belleville Criminal Appeals Lawyer

After being arrested, you may have hope that your charges will be dismissed and that you’ll walk away. Getting a conviction on these charges is certainly not the outcome you’d hoped for, though it’s not always the final word on a case. In Illinois, there are multiple pathways to challenge a conviction that could result in a reversal, modified sentence, or a new trial.

The Conner Law Firm handles criminal appeals, petitions for relief from judgment, and petitions for post-conviction relief in St. Clair, Monroe, Madison, or elsewhere in southern Illinois, challenging wrongful convictions, disproportionate sentences, and fighting for second chances through every available legal avenue.

Direct Appeal

If you were convicted on your charges, you need to understand the criminal appeals process in Illinois. Filing a direct appeal is your constitutional right.

This appeal is filed with the Appellate Court in the judicial district in which your trial occurred. For cases in St. Clair County, appeals will be filed and litigated before the Fifth District Appellate Court. In order to file an appeal, you must do so within 30 days of your sentencing.

A direct criminal appeal is designed to correct significant errors that took place during trial, not to retry your case or introduce new evidence. Issues could include admission of improper evidence, improper jury instructions, and ineffective assistance of counsel. The entire focus of an appeal is to address mistakes that were documented during the trial. Motions, transcripts, and evidence, especially improper evidence admission and sentencing errors can all be challenged in the appeal.

In other words, only legal issues that were preserved during the trial with timely objections can be disputed in the direct appeal. It is not a new trial and it does not allow for new evidence, only focusing on errors of the law. On the other hand, a post-conviction petition addresses issues outside of this, such as with any newly discovered evidence.

The bottom line: if you are convicted of a crime, your Belleville criminal appeals lawyer with The Conner Law Firm can challenge wrongful convictions and fight for your second chance through appeals or a post-conviction petition.

Post-Conviction Petition

A post-conviction petition in Illinois falls under 725 ILCS 5/122-1, and is separate from a direct appeal. It argues that substantial violations were made against your constitutional rights. If you are imprisoned, or in some way still serving your sentence, you may have the right under this act to claim that a substantial denial of your rights happened either during your trial or sentencing.

Unlike a direct appeal, you can raise issues outside of the original trial record with a post-conviction petition. There may be new evidence that proves your innocence or some kind of prosecutorial misconduct. When going this route, you must file it within 3 years of your conviction if you did not take a direct appeal. The time limit becomes 6 months if you are denied by the Supreme Court for a petition for leave to appeal following your initial appeal before the appellate court. If your claim is of actual innocence, there is no deadline, but other hurdles exist to achieve success.

The Three-Stage Process for Post-Conviction Petitions

What can you expect if you choose a post-conviction petition? Here are the steps you’ll follow:

Stage 1 – Initial Review: The trial court will review your petition within 90 days. It will be assessed for frivolousness without input from the state, and if deemed non-frivolous, it moves forward.
Stage 2 – Substantial Showing: If your petition survives, counsel may move to amend it. The state may file a motion to dismiss. As the petitioner, you must make a substantial showing that there has been a constitutional violation.
Stage 3 – Evidentiary Hearing: If a substantial showing is made, the court holds an evidentiary hearing, where witnesses and new evidence may be presented.

Essentially, the biggest difference from a direct appeal is that a post-conviction petition argues that the conviction or sentence is not valid because constitutional violations that weren’t recorded or recognized at the time were made. A direct appeal argues that the trial record shows that the conviction was wrong. For help taking action after a conviction, The Conner Law Firm is here to help you fight for freedom every step of the way.

Clemency

Another avenue is possible after conviction through executive clemency. This is a constitutional power that allows the Illinois Governor to provide relief when other legal avenues have been exhausted. It may be used in cases of injustice or harsh sentences, though it can also be implemented as a reward for rehabilitation. To undergo this process, a written petition is first filed with the Illinois Prisoner Review Board. The Board will then make a recommendation in confidence to the Governor.

Types of Clemency

Pardon: A pardon serves to forgive your crime, though it doesn’t get it off your record. However, a pardon with expungement authorization does allow for full record clearing.
Commutation: This type of clemency reduces an existing sentence. For example, it could change a death sentence to a life sentence, or turn a life sentence to a set term of years.
Reprieve: A reprieve can temporarily delay the implementation of your sentence.

Understanding Pardon vs. Expungement

With a standard pardon, the conviction is forgiven. The difference between a pardon and expungement is that expungement erases it from the public record. If you are only issued a pardon, it will stay on your criminal history.

Expungement after a conviction in Illinois is the only way to make your record disappear as though nothing ever happened.

Criminal Defense Lawyer

Call (618) 277-2421 or contact the office online to schedule your initial consultation.

Frequently Asked Questions

How long do I have to file an appeal in Illinois?

In Illinois, you have 30 days from the date you were given the final judgment or sentence. You will need to file a Notice of Appeal with the Circuit Court before this time limit runs out. For a federal appeal, it is a much shorter timeline, just 14 days after the entry of your judgment.

A petition for rehearing in the Appellate Court must be issued no later than 21 days after the decision. With a petition for leave to appeal in the Illinois Supreme Court, you have only 35 days after the appellate court makes its decision.

You also need to file the Notice of Appeal with the correct court. This would be the Circuit Court, and for Belleville residents, that is the Fifth District. Your criminal appeals lawyer will ensure that you file on time and with the right court. Having legal representation prevents you from missing the sometimes shorter deadlines that may apply in certain cases. If you miss the deadline, you may have limited options, making it essential to have The Conner Law Firm on your side early in the process.

What is a post-conviction petition?

A post-conviction petition allows someone who has been convicted to challenge the conviction or sentence though this only applies to denials of constitutional rights that weren’t part of the original trial records. You can consider it as a second chance to get relief, which may be necessary if there is new evidence or you originally used an attorney who was ineffective.

New DNA evidence is commonly used in these scenarios, and when you apply, it will undergo three stages before the process is complete. The Circuit Court will review it within 90 days and if it passes the initial review, the state may file a motion to dismiss while you as the petitioner may retain an attorney to represent you. In the third stage, an evidentiary hearing is held. The potential outcomes may be reversal of your conviction, granting a new trial, or being re-sentenced. Our Firm can explain what path is applicable to the current phase of your case.

Contact The Conner Law Firm

A conviction is not the end of the road. There is still a chance to turn this outcome around. The Conner Law Firm handles criminal appeals, post-conviction relief, and other legal processes to alleviate the consequences imposed by the trial court against you. Erin K. Conner has gained a reputation as being one of the most knowledgeable and experienced attorneys in the area on post-conviction relief.

If you were convicted, don’t wait to discuss your options. Time is of the essence with automatic deadlines that you can't miss. Call 618-277-2421 for appeals and post-conviction relief today, and set up a consultation with The Conner Law Firm.