When Should I Appeal an Illinois Criminal Conviction?

An appeal isn't a retrial or a chance to re-argue the facts — appellate courts review the trial record for legal error. Grounds that commonly support an appeal include:

• Improper jury instructions that misstated the law or burden of proof

• Erroneous denial of a motion to suppress evidence

• Insufficient evidence to support a conviction as a matter of law

• Sentencing errors, such as an improperly applied enhancement

• Ineffective assistance of counsel, where apparent from the trial record

If your best argument depends on facts outside the trial record, direct appeal often isn't the right vehicle — that's usually pursued through post-conviction relief instead, a separate and narrower process.

Supervision and probation orders are appealable too

If you were placed under court supervision, probation, or conditional discharge rather than a straight conviction, Illinois law still allows you to appeal from that judgment — including challenging the finding of guilt itself or the specific conditions imposed.

If you've already missed the 30 days

There's a narrow safety valve: Rule 606(c) allows a motion for extension of time based on a reasonable excuse for missing the deadline, but that motion must itself be filed within 30 days after the original deadline expired — effectively a hard outer limit of 60 days total. Beyond that window, your direct appeal right is generally lost, and only a much narrower collateral remedy (a post-conviction petition, typically limited to constitutional claims not evident from the trial record) may remain available.

Practical next steps

• Talk to an appellate attorney immediately after sentencing — don't wait to "see how you feel" about the outcome, since the clock starts regardless.

• If you pleaded guilty, the required first step (motion to withdraw plea or reconsider sentence) must go to the trial court within 30 days — missing this forecloses appeal entirely in most cases.

• If your deadline is approaching and you're still deciding, it's often better to file the notice of appeal to preserve the right; it can be voluntarily dismissed later if, after review, there's no viable issue.

• Request the trial transcript be reviewed specifically for preserved objections — issues not objected to at trial can be much harder, though not always impossible, to raise on appeal.

Promptly after the trial court has sentenced the defendant - and after Motion to Reconsider Sentence has been ruled on. 

When convicted of or sentenced for a crime in Illinois, it is advisable that you immediately seek the counsel of an Illinois criminal appeals attorney. There are time limits on appeals, and waiting too long can limit your options. In Illinois, a direct appeal usually addresses issues of legal errors that occurred in the trial court, such as the improper admission of evidence, improper jury instructions, insufficient evidence, sentencing errors, or constitutional issues. An appeal is not a new trial. The appellate court does not hear new witnesses, but typically reviews the record of the original case.

Whether an appeal is appropriate depends on the facts of the case, what occurred in court, and whether the issue was properly preserved. In certain situations, other avenues, such as a post-trial motion, motion to resentence, or a post-conviction petition, might be more suitable. It is important to get legal advice as soon as possible, as the time limits for criminal appeals can move quickly.