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The Appeals Process in Illinois

The Law Offices of Haytham Faraj, PLLC

After you have been convicted of a criminal offense, you might be thinking that your time under the sun is up and you will be locked behind bars no matter what. Hope for your freedom and fair treatment still exists, however. In Illinois, defendants may file for an appeal on the court’s sentencing, regardless of the criminal act that was originally in question.A successful appeal will bring your closed case to the attention of either another judge or a higher court of law, such as a state Supreme Court. It will be up to the new judge to review not necessarily the details of the case itself but more of the actions and decisions of the previously presiding judge who made the ultimate ruling. If any legal errors are apparent that might have caused your sentencing to be incorrect or unjust, your appeals claim may have some validity.Legal errors that could lead to an appeal of your sentencing include:

Your sentence actually breaks the law

The judge did not follow proper US Sentencing Guidelines

Your crime was not described in the law and the sentencing is guesswork

It is of utmost importance to understand, first and foremost, that in most cases an appellate court will not reweigh the truth or credibility behind the specifics of the case. There will be no new witnesses, testimonies, or evidences. It is simply there to review the judge’s decision.


PREPARE AN APPEAL WITH A CHICAGO CRIMINAL DEFENSE ATTORNEY



At The Law Offices of Haytham Faraj, PLLC, we have more than 25 years of legal experience under our belts that we can use to help guide you through the Illinois appeals process. From filing your notice of appeal and preparing your appellate brief, we can assist you from start to finish and make every step as quick and uncomplicated as it can be.Furthermore, winning an appeal will not necessarily dismiss your case, either. It is most likely that if your appeal is won, your case will be sent back to the original court for a new hearing. In that scenario, you should come to our law firm for unparalleled criminal defense representation that keeps your freedom and rights in focus, protecting you from further unfair sentencings.Contact our Chicago criminal defense attorneys today for more information about the appeals process.


By Haytham Faraj 22 Mar, 2023
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