Post-Conviction Relief Attorney
A conviction is not always final. Errors at trial, suppressed evidence, ineffective counsel, and constitutional violations can all provide the basis for post-conviction relief — even after direct appeal has concluded. An experienced post-conviction relief attorney who knows how to identify these grounds and pursue them aggressively can change the outcome of a case that seems closed.
At The Law Offices of Beau B. Brindley, we handle post-conviction proceedings in Illinois state courts and in federal court under 28 U.S.C. § 2255. Our results include vacated convictions, overturned guilty pleas, and sentences reduced from decades to years. Call 312.765.8878 to speak with a post-conviction relief attorney who has won at this level in both Illinois and federal courts.
Illinois Post-Conviction Petition
In Illinois, a convicted defendant may file a post-conviction petition under , also known as the Illinois Post-Conviction Hearing Act, to challenge the conviction on constitutional grounds that were not, or could not have been, raised on direct appeal. This act allows courts to vacate convictions, order new trials, or grant other relief when a petitioner establishes a constitutional violation. A wrongful conviction attorney Illinois residents can rely on must identify claims that are not barred by res judicata or waiver and that are supported by the trial record or newly discovered evidence.
Common Grounds for Illinois Post-Conviction Relief
- Ineffective assistance of trial counsel. When trial counsel failed to investigate, file critical motions, cross-examine key witnesses, or pursue viable defenses — and that failure prejudiced the outcome — post-conviction relief is still available.
- Newly discovered evidence. Evidence that was not available at trial and that would likely have produced a different result can support a post-conviction petition.
- Brady violations. When the government withheld favorable, material evidence that was not discovered until after trial, a post-conviction petition can seek reversal on those grounds.
- Actual innocence. Illinois recognizes actual innocence as a basis for post-conviction relief when the petitioner presents new evidence that was not available at trial, and is so conclusive it would likely produce an acquittal.
Federal Habeas Corpus
For federal prisoners, the primary vehicle for seeking post-conviction relief is a motion under 28 U.S.C. § 2255. A 2255 motion attorney utilizes numerous paths to challenge a federal conviction or sentence on grounds that it was imposed in violation of the Constitution or federal law, the court lacked jurisdiction, or the sentence exceeds the maximum authorized by law. Section 2255 motions are filed in the original district court and are subject to a one-year statute of limitations that begins running from the date the conviction becomes final.
State Prisoners in Federal Court
State prisoners may seek federal relief through a habeas corpus attorney in Illinois relief under 28 U.S.C. § 2254 after exhausting all available state court remedies. Federal habeas review is limited, as courts adhere to the AEDPA (Antiterrorism and Effective Death Penalty Act) standard, meaning a state court decision must be contrary to or an unreasonable application of clearly established federal law before a federal court will grant relief. The procedural requirements are strict and the deadlines are unforgiving, making retaining experienced counsel early essential.
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Early representation creates the most options. Speak with us confidentially about your case — there is no obligation.
State Practice Areas
Post-Conviction Relief Results
People v. Leon-Lopez
— In People v. Leon-Lopez, the Law Offices of Beau B. Brindley successfully delivered a complete turnaround. Utilizing years of expertise, Brindley established that the client’s prior attorney gave insufficient advice about deportation consequences before the guilty plea. The court withdrew the guilty plea, the prosecutor dropped opposition, and the deportation order was overturned. Because of Brindley, the client was freed without a conviction and allowed to remain in the United States.
Frequently Asked Questions
What is the deadline to file a post-conviction petition in Illinois?
In Illinois, a post-conviction petition must generally be filed within six months of the conclusion of direct appeal proceedings, or within three years of the date of conviction if no direct appeal was taken. However, there are exceptions for petitions based on newly discovered evidence or claims that the petitioner could not have known about within the standard period. A post-conviction relief attorney should be consulted immediately after the conviction is final to protect all available deadlines.
What is the deadline to file a § 2255 motion in federal court?
A § 2255 motion must be filed within one year of the date on which the conviction became final — typically the date the Supreme Court denied certiorari or the deadline to seek certiorari expired. The one-year period can also run from the date a constitutional right was newly recognized by the Supreme Court, or the date on which previously suppressed facts could have been discovered through due diligence. Missing the § 2255 deadline is almost always fatal to the claim.
Can I claim ineffective assistance of trial counsel on post-conviction?
Yes. Ineffective assistance of counsel under Strickland v. Washington is one of the most common grounds for post-conviction relief. You must show both deficient performance — that counsel’s conduct fell below an objective standard — and prejudice — that there is a reasonable probability the outcome would have been different with competent representation. In Illinois, these claims are most effectively pursued in a post-conviction petition rather than on direct appeal, where the record may not fully document counsel’s failures.
What results can post-conviction relief produce?
Post-conviction relief can result in a new trial, a new sentencing hearing, withdrawal of a guilty plea, reduction of sentence, or outright dismissal of charges. The specific remedy depends on the nature of the constitutional violation and the relief granted by the reviewing court. Our firm has achieved vacated convictions, overturned pleas, and sentences reduced from decades to years through post-conviction and habeas corpus proceedings.
Your Conviction May Not Be Final.
Call Brindley Law Today.
A conviction does not have to be the final result. Courts have the authority to reverse convictions when errors are identified and argued effectively. As a criminal appeals attorney with a verified record of wins in the Seventh Circuit and Illinois appellate courts, The Law Offices of Beau B. Brindley is ready to review your trial record and identify every avenue for relief. Call 312.765.8878 for a confidential consultation.