When Should I Appeal an Illinois Criminal Conviction?
Asked in Elgin, IL on May 8, 2018 Last answered on April 29, 20261 answer
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.
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