Direct Appeals Lawyers

A state or federal appellate court will only consider evidence that was presented at your original trial in a direct criminal appeal. This sort of appeal allows you to make a case for wrongful conviction based on procedural errors that occurred at trial or simply the lack of evidence needed to support the conviction. During an initial consultation, Mr. Dvorak will outline the grounds for an appeal to help you understand if you have a case.

If you or your loved one was found guilty, not all hope should be lost. Appellate attorney Richard Dvorak is highly skilled at combing through trial records to understand if his clients have grounds for an appeal. He will fight for your convictions to be reviewed, if your case was mishandled.

Direct Criminal Appeals

Under Illinois law, a defendant has 30 days to file a notice of appeal. The clock starts ticking the day after sentencing. A defense attorney must file the appeal within this time frame to preserve the appeal, or it will be barred. Legal briefs are provided by the petitioner (the party requesting the appeal review) and the respondent (the party that prevailed at trial) to the appellate court.  In some circumstances, late notices of appeal may be allowed.

Once the appellate court receives and reviews the parties’ legal briefs, it determines whether (1) errors of law were committed by the lower court and (2) if those errors rose to the level of “reversible error”. Reversible errors are grounds for reverse while harmless errors are not. Sometimes the court’s decision is made solely on the written legal briefs, while other times oral arguments are heard. The court will rule and may do one of the following: (1) affirm the lower court’s decision, (2) order a new trial, (3) modify the trial court’s ruling, (4) consider new facts or evidence, or (5) throw out the case entirely.

Grounds For Appeal

While juries & judges in civil & criminal trials will make their rulings based on the facts of the case, an appellate court will review the trial for legal errors. In order for an appeal to be successful, the person making the appeal must show that an error was made in the trial and that the error affected the case's outcome. Some common grounds for appeal in civil & criminal trials include:

Improper Admission of Evidence - In criminal trials, evidence which was obtained illegally, such as drugs or money which were seized without a search warrant, is not legally admissible in court. In civil trials, pertinent evidence such as documents or financial records can only be admitted if it was obtained through an improved discovery motion. If improperly obtained evidence was used in a trial, an appellant has grounds to appeal the verdict.

False Arrest - A false arrest occurs when someone is arrested without probable cause or a proper warrant. If a defendant is convicted of a crime for which they were falsely arrested, they may be able to appeal the verdict.

Lack of Evidence - In a criminal case, the prosecution must demonstrate that the defendant was guilty beyond a reasonable doubt. If the evidence presented during the trial was not sufficient to meet this standard, the verdict may be appealed.

Sentencing Errors - Judges must follow certain rules when sentencing someone convicted of a crime and they must provide reasons for the sentence they choose. If a judge did not follow proper sentencing procedures or made an error in sentencing, the defendant may be able to appeal the sentence.

Ineffective Assistance of Counsel - Everyone has the right to be represented by a competent attorney. If an appellant can show that their attorney failed to effectively represent them, and this inadequacy influenced the outcome of the trial, they may be able to appeal the decision.

Prosecutorial Misconduct - Prosecutors can behave unethically during a criminal trial in a variety of ways, such as by withholding evidence that could prove a defendant's innocence. A defendant who is convicted after a prosecutor breaches their code of ethics may have grounds to appeal the conviction.

If you or your loved one was found guilty, not all hope should be lost. Appellate attorney Richard Dvorak is highly skilled at combing through trial records to understand if his clients have grounds for an appeal. He will fight for your convictions to be reviewed, if your case was mishandled.