Chicago Defense Attorney Shares Important Information About Post-Conviction Petitions

Many defendants mistakenly believe that all hope is lost if they lose an appeal of their criminal conviction. The fact of the matter is that there is another step in the process you need to be aware of: post-conviction petitions.

Post-conviction petitions enable a defendant to assert that they should receive a new trial on the grounds that they received inadequate legal assistance at trial or on appeal.

A Petition may also be filed due to a change in the governing law or learning of new, impactful evidence.

Ineffective Assistance of Counsel

As mentioned, a prime example of a post-conviction petition is requesting a new trial due to ineffective assistance of counsel or due to newly discovered evidence. These requests are typically made by applying for post-conviction relief. This post-conviction petition must be filed within a specific period. Failing to do so will lead to an automatic denial.

When a Post-Conviction Petition Needs to Be Filed

An Illinois habeas petition needs to be filed within six months after denial of your appeal to either the Illinois Supreme Court or the United States Supreme Court. If a Supreme Court appeal was not filed, then the habeas petition must be filed within 90 days of the time that the appeal would have been due. Failing to file within these periods means that your post-conviction petition is “barred” and will be denied.

Important Differences Between Post-Conviction Petitions and Direct Appeals

Unlike a direct appeal, post-conviction petitions are designed to address issues that were not presented at the trial or direct appeals stages. Post-conviction petitions allow a criminal defendant to present newly discovered evidence, or evidence that was not presented at trial due to ineffective assistance of counsel. A post-conviction petition also allows a criminal defendant to raise issues that were not presented during the direct appeal, due to ineffective assistance of appellate counsel.

These cases begin by filing an Illinois post-conviction petition or a federal petition for writ of habeas corpus. Both proceedings have the same potential to secure a prisoner’s freedom, but they are governed by different laws, different procedures, and different deadlines. The proceedings are complicated and should be handled only by an experienced attorney.

The Process of Filing a Post-Conviction Petition

The habeas conviction process generally begins by filing a petition with the Illinois Circuit Court (or the United States District Court if it is a federal case). The pleading will lay out how prior counsel was ineffective and how the Defendant’s case was harmed as a result; it must be shown that there would not have been a conviction if you received effective assistance from your legal counsel. The prosecutor who handled your criminal case at trial will likely file a response. You then have the right to file a reply to this response.

After these pleadings have been filed and reviewed, the Court will then hear arguments and potentially hold an evidentiary hearing. At the end of this process, a Judge will issue a decision. If the conviction is not reversed, then it is possible to appeal the decision.

This is a complicated process and it is strongly suggested that you contact an experienced and skilled Chicago post-conviction lawyer to help guide you through his process and advocate on your behalf.

Illinois Post-Conviction Petitions

Many post-conviction petitions are filed in state court under the Illinois Post Conviction Hearing Act. The petition will raise issues concerning constitutional violations that occurred at your state court criminal trial.

Federal Petitions for Writ of Habeas Corpus

A federal petition for writ of habeas corpus is filed in federal court under federal law. It will typically assert that you are being incarcerated illegally and were convicted in violation of constitutional rights.

Ready to Take Action on Your Post-Conviction Petition? Contact Chicago Defense Lawyer Vadim A. Glozman

Chicago defense lawyer Vadim A. Glozman understands and appreciates the fear and anxiety that you may be experiencing if you were convicted of a crime and seeking redress through a post-conviction petition. When you retain the services of Chicago appellate lawyer Vadim Glozman, you can take comfort in knowing that if you choose to work with him, your rights, goals, and desires will be made a top priority.

Contact Vadim A. Glozman today to schedule an in-person meeting.