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. He states that after a final judgment in a case, many people misunderstand the timing and rights related to appeals. For instance, if a defendant loses a motion to suppress during litigation before trial, they do not have the right to appeal at that stage. Only the government—the prosecutor or the state—can request an appeal of a pretrial ruling that goes against them. Defendants cannot appeal such interim decisions.
A defendant’s right to appeal arises only after a final judgment, meaning the trial has concluded, the verdict is rendered, and the defendant has been sentenced. Once sentencing occurs, the defendant may file an appeal.
In Illinois, a defendant has 30 days from the date of sentencing to file a notice of appeal. It is crucial to first file a motion to reconsider the sentence before submitting the notice of appeal.
In federal court, there is no motion to reconsider the sentence. Once sentenced, a defendant has only 14 days from the date of sentencing to file a notice of appeal.
