The Law Office of Brian J. Mirandola


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How To Fight A Criminal Conviction in Illinois

 Posted on January 30, 2024 in Criminal Defense

Blog ImageBeing criminally convicted of a crime by a judge, jury, or through your own admission does not necessarily spell the end of the journey. Unless explicitly stated otherwise during sentencing, you still have the right to fight the conviction and sentence if you so desire. Time is of the essence and you will need to file an appeal or withdraw your plea as soon as possible. For help with the entire process, consult an attorney to enlist in your fight.

How To Withdraw a Guilty Plea

You can wait until a judge or jury decides on your sentence before choosing to withdraw a guilty plea. You can ask the judge to reconsider the sentence they have chosen to hand down or withdraw the plea itself by filing a motion to withdraw. However, once you choose to withdraw a plea and the judge grants it, the case will begin as if the plea never existed.

Reasons a judge may grant you a guilty plea withdrawal include:

  • You failed to understand the implications of a guilty plea or were not of sound mind when choosing to enter a plea of guilty

  • There is evidence that places your guilt in doubt or you have a solid enough defense against the charge(s)

  • Your guilt is best decided by a jury of your peers

You have only 30 days from the initial sentencing to request a plea withdrawal. If granted, a judge can choose to set a new bond. If the bond cannot be paid, you will remain in custody, and jail, throughout the trial.

Filing an Appeal

Similar to a guilty plea withdrawal, you must file a notice of appeal within 30 days after your sentencing. The other parties in your case must receive a copy of the notice of appeal seven days after filing the original.

To appeal your case you must believe that a serious error occurred. The Illinois Appellate Court will review your case and any issues you have raised. These issues can include:

  • Discovering certain evidence that was prohibited in court that you or your lawyer feel should not have been prohibited

  • That the pretrial rulings were not fair

  • That the prosecutor’s arguments were unfair or inappropriate

If you can prove that the judge made a mistake, the evidence presented in court did not support the outcome, or the court that held the trial did not have the jurisdiction required to hear the case, you may be able to get your conviction overturned.

Getting a conviction overturned is a highly difficult task and even if you were to win an appeal it does not mean you are not guilty. The Appellate Court can order a new trial with a new judge and new jury and the whole ordeal can start all over again. However, it may be a second chance to get things right.

Contact a Kane County, IL Criminal Defense Attorney

A criminal conviction goes on your permanent record, which could cause future complications in your personal and professional life. A felony conviction could also result in some constitutional rights restrictions, such as the right to bear arms, vote, or hold a government job.

You should not take on this fight alone. An aggressive Aurora, IL criminal defense lawyer from the The Law Office of Brian J. Mirandola is laser-focused on protecting your rights and ensuring a favorable outcome in your case. We offer free consultations to discuss your case and figure out the best course of action to take. Contact the office today at 847-488-0889 to begin working on a defense as soon as possible.

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