Appeals Attorney in Chicago, Illinois
When Can a Conviction be Appealed?
When Can a Conviction be Appealed?
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After the final judgement on a case, many people do not understand that if for example you lose a motion to suppress in the middle of litigation before you went to trial, a defendant does not have the right to appeal at that time. Only the government, the prosecutor, the state can ask the judge to appeal a judgement that was made before trial and went against them. They are the only ones who can appeal a ruling like that.
A defendant can only appeal after a final judgement, meaning he lost trial, he or she lost a motion and then pled with the understanding that he or she will have the right to appeal. And then the person is sentenced. And only after the person has been sentenced they can appeal.
Here in Illinois you have 30 days from the day that you were sentenced to file a notice of appeal. Very important to remember is to also file a motion to reconsider the sentence before you file your motion to appeal.
In federal court, you don’t file the motion to reconsider sentence. But once you are sentenced and you are given the time by the judge, you have only 14 days to file your notice of appeal.
Chicago, IL criminal defense attorney Gal Pissetzky talks about when a conviction can be appealed. After the final judgment in a case, there is a common misunderstanding among many individuals regarding the timing of appeals. For instance, if a defendant loses a motion to suppress during the course of litigation before the trial, it’s crucial to note that, at that point, the defendant does not possess the right to appeal. The authority to appeal such pre-trial judgments rests exclusively with the government, the prosecutor, or the state, should the ruling go against them.
A defendant’s avenue for appeal opens only after a final judgment, which occurs when they lose the trial, lose a motion, or enter a plea with the understanding that the right to appeal is retained. The appeal process initiates post-sentencing. In Illinois, individuals have a 30-day window from the day of sentencing to file a notice of appeal. An important procedural note is to also file a motion to reconsider the sentence before submitting the appeal motion.
In federal court, the process differs slightly, as there is no requirement to file a motion to reconsider the sentence. Instead, after receiving the sentencing and the allotted time from the judge, individuals have a limited 14-day period to file their notice of appeal.
