Criminal Appeals

Criminal Appeals Attorneys

Understanding the Basics of Criminal Appeals

APPEALS

A criminal appeal is a legal process in which a convicted defendant seeks to challenge the decision of a trial court. In Illinois, this process allows the defendant to request a higher court to review and change the outcome of their case due to legal errors that may have occurred during the trial. It’s crucial to note that an appeal is not a retrial or a chance to present new evidence; rather, it focuses on issues related to the application and interpretation of the law. At Lyon & Kerr, our experienced legal team is prepared to consult with you regarding your eligibility to appeal a trial court’s order, and the viability of your legal issues on appeal.

Grounds for Filing an Appeal

Several grounds can justify filing a criminal appeal in Illinois:

Legal Errors: These can include incorrect jury instructions, improper admission or exclusion of evidence, or errors in the application of the law.

Insufficient Evidence: The appellant may argue that the evidence presented at trial was insufficient to support a guilty verdict.

Prosecutorial Misconduct: This occurs when the prosecution engages in unethical or illegal practices, such as withholding evidence or presenting false evidence.

Ineffective Assistance of Counsel: The appellant can claim that their trial attorney provided inadequate legal representation, which negatively affected the outcome of the case.

The Appeals Process

Notice of Appeal: The first step in the appeals process is to file a Notice of Appeal with the clerk of the trial court. In Illinois, the notice must be filed in writing within 30 days of the trial court’s final judgment or sentencing. In federal court, the notice must be filed within 14 days of the district court’s final order.

Preparation of the Record on Appeal: The trial court prepares a record of all documents, evidence, and transcripts related to the case. This record is then sent to the appellate court.

Briefs: Both parties submit written arguments, known as briefs, to the appellate court. The appellant’s brief outlines the errors they believe occurred during the trial, while the appellee’s brief responds to these claims.

Oral Arguments: In some cases, the appellate court may schedule oral arguments where attorneys for both sides present their cases and answer questions from the judges.

Decision: The appellate court will issue a written opinion that either affirms, reverses, or remands the case back to the trial court. An affirmation means the conviction stands, a reversal may result in a new trial or outright dismissal, and a remand sends the case back for further proceedings consistent with the appellate court’s findings.

Some appeal WINS:

  • People v. Pulido, 2017 IL App (3d) 150215

https://www.illinoiscourts.gov/resources/c5bf5ec6-cdd0-43e5-8613-21c9a60bad87/3150215.pdf

  • People v. Hobley (Il Sct) 159 Ill. 2d 272 (1994)  

https://law.justia.com/cases/illinois/supreme-court/1994/71184-7.html

  • People v. Frias, 109 Ill. App. 3d 888, 441 N.E.2d 166 (Ill. App. Ct. 1982)   99 Ill. 2d 193 (1983)   

https://law.justia.com/cases/illinois/supreme-court/1983/57585-6.html

Importance of Experienced Legal Representation

Navigating the complexities of criminal appeals requires a thorough understanding of appellate law and meticulous attention to detail. An experienced criminal appeals lawyer can make a significant difference by identifying trial errors, constructing compelling legal arguments, and persuasively presenting the case to the appellate court. In Illinois, having a skilled attorney by your side can increase the chances of a successful appeal, potentially overturning a conviction or reducing a sentence.

Criminal appeals are a critical component of the justice system in Illinois, providing a mechanism for correcting legal errors and ensuring fair trials. If you or a loved one is considering an appeal, it’s essential to consult with a knowledgeable criminal appeals attorney who can guide you through the process and advocate on your behalf. With the right legal support, you can pursue justice and strive for a favorable outcome in your case.

Criminal and civil trials can be complicated – there are rules and procedures that need be followed. In criminal trials, prosecutors will aggressively pursue convictions. During litigation, a judge or jury may misinterpret the law or make an error. If an error occurred, it may be possible to appeal the decision. Identifying the trial court’s errors and developing a sound appellate strategy requires the attention of a legal team with experience and a history of success at both the trial level, and before appellate courts.

The decisions made in criminal trials can have lasting consequences. Findings of guilt often result in more than incarceration and loss of physical freedom; criminal convictions are often accompanied by other collateral consequences, such as loss of income, employment, housing, voting rights, reputation, personal relationships, and immigration status. The team of appellate attorneys at Lyon & Kerr will be able to represent you in your efforts to correct injustices that result from a violation of your rights at trial.   

SOME GROUNDS FOR AN APPEAL

While judges and juries in criminal trials will make decisions based on evidence and arguments, an appellate court will review the trial record for legal errors. For an appeal to be successful, the person making the appeal (known as the appellant) must show that an error was made in the trial and that the error affected the case’s outcome.

Some common grounds for appeals include:

  • Change of venue motion was improperly denied
  • Cross examination was improperly limited
  • Defendant was improperly restrained in front of jury
  • Defendant’s exclusion from the courtroom during parts of the trial
  • Defendant’s fifth amendment right against self-incrimination was violated
  • Defendant’s innocence
  • Defendant’s statement or confession was improperly admitted
  • Denied defense counsel at critical stages of court proceedings
  • Denied right of self-representation
  • Failure of judge to provide required jury instructions
  • False arrest
  • Faulty line-up was improperly admitted
  • Improper admission of evidence
  • Improper challenge of a juror due to juror’s race/gender/etc. By prosecutor
  • Improper jury instructions
  • Improper or improperly filled out jury verdict form
  • Improper ruling on expert testimony
  • Improper shift of the burden of proof by the prosecutor
  • Improperly admitted evidence
  • Improperly closed courtroom
  • Ineffective assistance of counsel
  • Judge’s improper admission of confession following Miranda warnings violation
  • Judge’s improper ruling on identification procedures motion
  • Judge’s improper ruling on sufficiency of warrant motion
  • Jury allowed to see shackles, handcuffs, or jail clothes of defendant
  • Jury trial was improperly denied
  • Lack of evidence
  • Lack of probable cause
  • Lack of sufficient evidence for a conviction
  • Mental incompetence
  • Overly broad statute defining offense is unconstitutional
  • Sentencing mistake
  • Suppression motion was improperly denied
  • Trial attorney’s conflict of interest
  • Undue prejudice by pretrial or trial publicity
  • Violation of defendant’s first amendment rights
  • Violation of double jeopardy
  • Violation of right to speedy trial
  • Violation of the statute of limitations
  • Witness was improperly excluded
  • Prosecutorial misconduct
  • Sentencing errors

Contact A Criminal Appeals Lawyer For Help

Winning your appeal requires experience and knowledge of the criminal appeals process. A successful appeal requires prompt attention to the procedural deadlines, the trial record, and legal research and analysis. Between Andrea Lyon and Robert Kerr, the legal team at Lyon & Kerr has more than 66 years of experience in the field of criminal defense.

If you have been wrongfully convicted of a crime or feel that justice has not been served in your criminal case, contact Lyon & Kerr for help. Our team of experienced criminal appeals attorneys work hard to overturn previous denials of the defendant’s motions and findings of guilt. Speak with our experienced criminal appeals attorneys and let us work to help you get the outcome you deserve. We represent clients in federal and state courts.

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