When can a conviction be appealed?
Chicago, IL criminal defense attorney Gal Pissetzky talks about when a conviction can be appealed.
Phone: (312) 883-9466
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.