Find Post-Conviction Relief through Criminal Appeal
To appeal a ruling means to contest that decision for a particular reason. Once a conviction has been reached, an individual has the legal right to appeal that decision as unfair, unconstitutional or based upon any of a number of legal issues that one may have with the case or trial. This is a fairly complex area of the law and your success will depend greatly upon the depth of experience and level of competence of your chosen Chicago criminal defense attorney.
An appeal is a chance for your case to be properly heard and for potentially overlooked or mishandled evidence to be reviewed. Protecting the rights of individuals to fair trials is the underlying principle of why our legal system allows this remedy to be available to you. At the Law Offices of Howard J. Wise & Associates, we are quite familiar with the complexities and legalities of pursuing post-conviction appeals. There are many circumstances where a courtroom trial could have breached a defendant's rights and to allow this to go unchallenged goes against our team's entire philosophy.
We know the exact points of law and legal proceedings that may be violated and understand each and every one of your constitutional rights along with the many ways in which these can be applied. This familiarity comes with years and years of cumulative practice in criminal law, including tenure as former prosecutors.
Understanding More about the Appeals Process in Chicago, IL
In general, there are two directions one may take in most jurisdictions in appealing a criminal conviction. One is the direct appeal, and this is the type that most people think of. It entails filing an appeal with a higher court for review. The second type is a post-conviction petition, which takes place in the same court in which the case was originally tried.
The key difference is that the appellate courts of review will normally only review the records, evidence and the law applied of the first trial. This appeals court will look at how the law was applied and the facts that were presented; it does not examine new data or evidence, only what was in the body of the first trial. The post-conviction petition, however, can and does allow for the examination of new facts or evidence.
The process of appealing your case and conviction is quite involved but should be seriously pursued if you suspect a violation of your rights or if you were subjected to an unsatisfactory verdict. Contact a Chicago criminal appeals lawyer at our offices today for an in-depth understanding of how an appeal can help you.