Chicago Defense Lawyer Explains Criminal Conviction Appeals

The criminal justice system, along with those who participate in it, are not perfect. As a result, mistakes happen. This is why it is important to not give up hope and explore your right to appeal a unjust conviction.

Obviously, just about every person found guilty or convicted of a crime would like a second chance to fight the charges brought against them by the state or federal government. In many instances, a convicted individual can appeal the ruling of the court and seek to overturn the verdict of the trial court.

In order to have grounds to appeal a conviction, you must be able to show that an error or unfair misrepresentation occurred during the course of your criminal trial and that error or misrepresentation directly influenced the outcome of your criminal case.

Grounds for Appealing a Criminal Conviction in Chicago

An appeal may be pursued if one or more of the following occurred during the course of your criminal trial:

• Erroneously admitted evidence
• Sufficiency of the evidence
• Biased or discriminatory jury selection
• Improper jury instructions
• The existence of suppressed evidence

Keep in mind, not everyone has the right to file an appeal. In many cases, only defendants who were convicted by a judge or jury in a trial have the right to file an appeal. It is also extremely important to note that if you reached a “plea deal” where you ultimately pled guilty to a crime, you may not be eligible to appeal your conviction.

Filing a Direct Appeal

If you are looking to file a “direct appeal” you are looking to challenge the conviction in a trial court. Your appeal would be reviewed by a state or federal appellate court. In this instance, the appellate court will only consider evidence that was presented at your original trial. This sort of appeal allows you to make a case for a wrongful conviction based on procedural errors that occurred at trial or simply the lack of evidence needed to support the conviction.

Federal Habeas Corpus Petitions

If a defendant exhausts their appeal rights at the state level, they may be able to pursue a federal habeas corpus petition in order to try and get a federal court involved in addressing the fairness of a criminal conviction. This right is codified in 28 U.S.C. § 2254.

Seeking a Pardon from the Governor

If the courts have denied all of your appeals, you may be out of options as far as having a court overturn your conviction or reduce your sentence. If you find yourself in this situation, you may want to consider seeking out a Governor’s Pardon or Commutation. This would allow you to appeal to the Governor’s mercy and sense of fairness so that you can have your conviction pardoned, or your sentence commuted. A Governor’s Pardon is especially useful in addressing convictions from decades ago, especially where you can show you have turned your life around, and are deserving of a second chance.

If you were convicted of a crime and your trial was characterized by any of the above circumstances or circumstances similar to those listed above, you should seek the advice of Chicago criminal appeals attorney Vadim A. Glozman.

It is important to be aware of the fact that if you have been sentenced to prison as a result of your conviction, an appeal will not keep you from being incarcerated initially. While an appeal can overturn a conviction or modify the terms of the judgment that has been leveled against you, it does suspend sentencing.

Contact Chicago Defense Lawyer Vadim A. Glozman Today

Vadim Glozman understands and appreciates the fear and anxiety that you may be experiencing as a result of a criminal conviction. He has seen the stress that his clients have suffered in the past. You can be sure that if you choose to work with Vadim Glozman, he will aggressively pursue your rights, your goals, and your desires regarding the outcome of your case in court.

His years of experience and aggressive strategies have worked well for his clients in the past and he is confident they will work well for you. Contact Chicago defense lawyer Vadim Glozman today.