Chicago Criminal Appeals Attorney

Why Choose Us?

The Keleher Appellate Law Group, LLC represents individuals seeking to challenge state and federal criminal convictions, sentences, and post-conviction rulings. Our appellate practice focuses on identifying meaningful legal errors, developing persuasive written arguments, and protecting our clients’ rights at every available stage of review.

• Representation in Illinois state and federal criminal appeals
• Focused appellate advocacy and detailed review of the trial record
• Representation in post-conviction and collateral proceedings
• Strategic analysis of constitutional, evidentiary, and sentencing issues
• Representation involving complex criminal convictions and sentences
• Service for clients in Illinois and nationwide

A criminal conviction can affect your freedom, employment, finances, reputation, and future. A conviction or sentence may be challenged when the trial court committed a significant legal error, constitutional rights were violated, the evidence was legally insufficient, or another recognized ground for appellate relief exists. The Keleher Appellate Law Group, LLC represents clients in Illinois and federal criminal appeals, post-conviction proceedings, and related appellate matters.

What Is a Criminal Appeal?

A criminal appeal asks a higher court to review a conviction, sentence, or other appealable ruling for legal error. An appeal is generally based on the existing trial court record rather than a new presentation of the entire case, and the appellate court determines whether an error occurred that warrants relief.

Unlike a new trial, a criminal appeal generally does not involve presenting the case again to a new jury. Appellate judges instead review materials such as:

• Trial transcripts
• Pretrial and post-trial motions
• Evidentiary rulings
• Jury instructions
• Sentencing proceedings
• Exhibits contained in the record
• Written appellate briefs

Depending on the issues and court, the judges may also hear oral argument before issuing a decision.

How Does the Criminal Appeals Process Work?

A criminal appeal generally moves from filing a notice of appeal through preparation of the record, briefing, judicial review, and a final appellate decision. The specific procedures depend on whether the conviction occurred in Illinois state court or federal court.

The 6 common steps in a criminal appeal are:

1. File the notice of appeal. The appeal begins by filing the required notice within the applicable deadline.
2. Prepare the record on appeal. Relevant pleadings, court filings, transcripts, exhibits, and orders are assembled for appellate review.
3. Identify appealable legal issues. Appellate counsel examines the record for preserved errors and other issues that may support relief.
4. Prepare the appellate briefs. The appellant presents the legal arguments for reversing, vacating, or modifying the lower court’s decision, and the government may file a response.
5. Present oral argument when permitted. In some cases, the appellate court allows attorneys to address questions from the judges.
6. Receive the appellate decision. The court may affirm the judgment, reverse it, modify the result, or send the case back to the lower court for further proceedings.

Because appeal deadlines can be short, a defendant or family member should seek legal guidance promptly after sentencing or learning of an appealable order.

Grounds for a Criminal Appeal

For an appeal to be successful, the person pursuing the appeal (the appellant) must establish that an error was made in the trial and that the error affected the case’s outcome. Common grounds for appeal in criminal trials include:

• Improper admission of evidence – Evidence obtained illegally is inadmissible in court. If we determine that improperly obtained evidence was used at trial, our team will build a strong appeal.

• False arrest –  This error occurs when law enforcement apprehends someone without probable cause or a proper warrant. If you have been wrongfully convicted of a crime as a result of a false arrest, we will exhaust all avenues to appeal the verdict and right this injustice. 

• Lack of evidence – In a criminal case, the burden of proof rests squarely on the prosecution, requiring them to demonstrate the defendant’s guilt beyond a reasonable doubt. If the evidence presented during the trial fails to meet this exacting standard, our skilled appellate attorneys will demonstrate the insufficiency of evidence and seek a just resolution.

• Sentencing errors – Judges must follow strict sentencing guidelines and provide clear reasons for the sentences they impose. If a judge deviates from proper sentencing protocols or commits an error in determining the sentence, our firm will meticulously review the case and seek a new sentence.

• Ineffective counsel – Everyone accused of a crime is entitled to competent legal representation. If you believe your attorney failed to effectively advocate for your rights, and this failure influenced the outcome of your trial, we can help you appeal.

• Prosecutorial misconduct – Prosecutors have a responsibility to uphold ethical standards throughout a criminal trial. However, instances of misconduct can occur. If you have been wrongfully convicted due to prosecutorial misconduct, we will vigorously challenge the conviction.

At The Keleher Appellate Law Group, we understand the nuances of federal and Illinois criminal appeals. We will thoroughly analyze your case, explore every viable ground for appeal, and craft a compelling argument to rectify any miscarriage of justice. 

How Do Federal Criminal Appeals Work?

A federal criminal appeal asks a United States Court of Appeals to review a conviction, sentence, or other appealable ruling entered by a federal district court. The appellate court does not retry the case. Instead, the judges review the trial court record to determine whether a legal error occurred and whether that error warrants relief.

Federal criminal appellate issues may include:

• Constitutional violations
• Improper admission or exclusion of evidence
• Errors involving motions to suppress
• Insufficient evidence to support a conviction
• Incorrect jury instructions
• Prosecutorial misconduct
• Errors interpreting federal criminal statutes
• Federal sentencing guideline errors
• Other preserved trial court errors

The appellate process generally begins with a notice of appeal. The record is then prepared, the parties submit written briefs, and the court may hear oral argument. Depending on the issues presented, the appellate court may affirm the judgment, reverse a conviction, vacate a sentence, order a new trial, require resentencing, or return the case to the district court for further proceedings.

What Is Federal Post-Conviction Relief?

Federal post-conviction relief allows certain defendants to challenge a conviction or sentence after the direct appeal process. These proceedings are different from a direct appeal because they may involve constitutional claims or evidence that could not be fully addressed through the existing trial record.

Potential post-conviction claims may involve:

• Ineffective assistance of counsel
• Constitutional violations
• Newly discovered evidence
• Lack of jurisdiction
• A sentence imposed in violation of federal law
• Other grounds recognized under federal post-conviction law

Federal post-conviction proceedings have strict filing requirements and procedural rules. The appropriate remedy depends in part on whether the underlying conviction occurred in federal or state court.

How Is a Federal Conviction Challenged Under Section 2255?

A person convicted in federal court may be able to challenge the conviction or sentence through a motion under 28 U.S.C. Section 2255. A Section 2255 motion is a form of collateral review that is separate from the direct federal appeal.

A Section 2255 claim may involve:

• Ineffective assistance of trial or appellate counsel
• Constitutional violations
• Lack of jurisdiction
• A sentence imposed in violation of federal law
• Other errors that qualify for collateral relief

These motions are subject to specific deadlines and procedural restrictions. Claims that could have been raised earlier may also face additional barriers, making a careful review of the case history important.

What Is Federal Habeas Corpus for a State Conviction?

Federal habeas corpus may allow a person in state custody to ask a federal court to review whether a state conviction or sentence violates the United States Constitution or federal law. It is a form of collateral review, not another direct appeal.

Before seeking federal habeas relief, a petitioner generally must exhaust available state court remedies by fairly presenting the federal claims through the state court system.

Potential federal habeas claims may involve:

• Denial of the right to a fair trial
• Ineffective assistance of counsel
• Due process violations
• Constitutional violations involving evidence or testimony
• Other violations of federally protected rights

Federal habeas cases are governed by demanding procedural rules, including filing deadlines, exhaustion requirements, and restrictions involving claims that were not properly raised in state court. Prompt review can help determine whether federal habeas relief may still be available.

What Is Post-Conviction Relief in Illinois?

Post-conviction relief in Illinois allows an eligible person to challenge a criminal conviction based on a substantial violation of constitutional rights that may not have been fully addressed on direct appeal. These proceedings can involve claims such as ineffective assistance of counsel, newly discovered evidence, due process violations, or other constitutional errors. Because post-conviction petitions are subject to strict procedural requirements and filing rules, careful review of the trial record, appellate history, and supporting evidence is critical.

Talk To Our Experienced Illinois Criminal Appellate Lawyer Today

If you have been convicted of state or federal charges, turn to The Keleher Appellate Law Group. Trust our experience and unwavering commitment to protecting your rights and pursuing a just outcome in your criminal appeal. Contact us today.

The Keleher Appellate Group is your premier choice for federal and state criminal appeals, serving clients in Chicago, Denver, St. Louis, and the surrounding areas in Illinois, Indiana, Missouri, Wisconsin, and Colorado.

FAQs

How long do I have to file a criminal appeal in Illinois?

A notice of appeal in an Illinois criminal case generally must be filed within 30 days after final judgment or the disposition of a timely motion directed against the judgment. Different procedures may apply in particular cases, including appeals following guilty pleas, so prompt case-specific review is important.

Can new evidence be presented during a criminal appeal?

Generally, a direct appeal is based on the existing trial court record rather than new evidence. Claims requiring evidence outside the record may need to be addressed through an appropriate post-conviction or collateral proceeding instead.

Can a criminal conviction be overturned on appeal?

Yes, an appellate court can reverse a conviction when the record and applicable law support that result. Depending on the issue, the court may also order a new trial, vacate a sentence, require resentencing, remand the case for additional proceedings, or affirm the original judgment.