Champaign-Urbana Criminal Appeals Attorney

Providing Appellate Services in Champaign County

The appellate process can be complex and time-consuming. Johnson Law Group, LLC is a team of experienced criminal defense attorneys that is prepared to handle all aspects of your appeal. We have experience in both state and federal appeals, and our team can advise you on your best course of action.

For more information about our Champaign-Urbana criminal appeals services, call (309) 565-8825 to set up a free consultation.

What Is an Appeal?

Court decisions are not always final. If you don’t agree with the outcome of your case, you can ask a higher court to review that decision. This process is called an “appeal.” Appeals go to the “appellate court.”

The appellate court can confirm the lower court’s ruling, reverse it, or modify it. Generally, the appellate court reviews the trial record and the briefs each party submits. It does not hear new evidence or testimony.

Appeals are not a new trial. The appellate court only questions whether the trial court made a mistake and, if so, whether that mistake requires reversal or modification of the lower court’s decision.

What Are the Grounds for a Criminal Appeal?

Generally, appeals are based on an error of law or an error of fact. An error of law is a mistake the trial court makes when interpreting the law. An error of fact is a mistake the trial court makes when admitting or excluding evidence.

Common grounds for appeal in a criminal case include:

• Mistakes in sentencing
• Mistakes in jury instruction
• Mistakes in interpreting the law
• Mistakes in denying a motion to suppress
• Mistakes in admitting or excluding evidence
• The evidence presented at trial was insufficient to support a conviction.

Our team can investigate your case. If we notice any of the above issues, we can help you begin the appeals process.

How to File an Appeal in Champaign County

To begin the process, you must file a notice of appeal with the court.

The notice of appeal must include the following information:

• The nature of the relief you seek
• The name and address of your attorney
• The name of the party or parties taking the appeal
• Whether you are appealing the whole or a part of the judgment
• The judgment or part of the judgment appealed from or, if the appeal is from an order, the date of the order appealed from

You must file the notice within 30 days of the entry of judgment or order appealed from. If you do not file the notice on time, the appellate court may dismiss the appeal. After you file the notice of appeal, the trial court will prepare a record on appeal. The record on appeal includes a transcript of the proceedings, the exhibits admitted into evidence, and any other relevant documents. 

As you can see, the entire process can be daunting and confusing. Our team is here to take swift action, working on an appeal brief and helping you file on time.

How Long Does the Appeals Process Take?

The appellate process can be lengthy. On average, it can take between 18 months and 2 years for a case to be resolved on appeal. The process takes even longer if the case goes to the Illinois Supreme Court or the United States Supreme Court.

What Happens If You Win an Appeal?

If you win an appeal, the appellate court will reverse or modify the lower court’s decision. The case then goes back to the trial court for further proceedings. The trial court can then either dismiss the charges or schedule a new trial.

Our Services

Our team is prepared to handle all aspects of your appeal. We can review the trial court record and the briefs involved. Then, we can draft an appellate brief on your behalf. We can also present an oral argument to the appellate court if necessary.

Our attorneys handle all types of criminal appeals, including:

• DUI appeals
• Federal appeals
• Sex crime appeals
• Drug crime appeals
• Violent crime appeals

We understand that every case is different and has unique challenges. Our team is always prepared to go to trial, but we also understand that trial is not always the best option. Our attorneys can work with you to determine what is best for you and your family.

To schedule a free consultation with our Champaign-Urbana criminal appeal lawyer, contact us online today.