Illinois Drug Trafficking Defense Attorney
A guilty verdict is not the end of the fight. Courts make countless errors such as admitting evidence, instructing juries, and applying the law. A criminal appeals attorney who knows how to identify and argue those errors can change the outcome of your case.
The Law Offices of Beau B. Brindley handles criminal appeals in the Illinois Appellate Court, the Illinois Supreme Court, the Seventh Circuit Court of Appeals, and the United States Supreme Court. Our appellate practice extends across both state and federal systems. If you or someone you love has been wrongly convicted or convicted after trial errors, call 312.765.8878. A criminal appeals attorney who has won in the Seventh Circuit and the United States Supreme Court is ready to review your case.
State Criminal Appeals in Illinois
In the state of Illinois, a defendant convicted after a jury or bench trial has the right to appeal the conviction and sentence to the Illinois Appellate Court. An Illinois criminal appeals lawyer must submit a notice of appeal within a 30-day period following sentencing. The appeal then proceeds through briefing, during which the defendant files an opening brief identifying legal errors, the state responds, and the defendant rebuts. The Illinois Appellate Court reviews the trial record and the briefs before issuing a written opinion.
Grounds for State Criminal Appeal
Illinois appellate courts will reverse a conviction when legal error affected the outcome of the trial. Common grounds for appeal in the Illinois state court include:
- Evidentiary error: When the trial court improperly admitted or excluded evidence, including prior convictions, hearsay, or expert testimony, that influenced the jury’s verdict.
- Ineffective assistance of counsel: Under the Strickland v. Washington ruling, a conviction can be overturned when trial counsel’s performance fell below an objective standard of reasonableness, and the deficient performance prejudiced the outcome.
- Improper jury instructions: When the jury was instructed incorrectly on the law, such as the elements of the offense, burden of proof, or self-defense, a conviction may be reversible.
- Prosecutorial misconduct: Improper closing argument, Brady violations, and knowing use of false testimony can all form the grounds for reversal.
- Insufficient evidence: A conviction that lacks sufficient evidence to establish guilt beyond a reasonable doubt can be reversed on direct appeal.
Federal Criminal Appeals — Seventh Circuit
Seventh Circuit Results — Brindley Law
Our Seventh Circuit criminal appeal record includes:
- United States v. Bell: Conviction vacated after Brindley discovered the government had withheld Brady material, revealing that the government’s informant was simultaneously working with a different drug supplier.
- United States v. Macias: Conviction vacated after the Seventh Circuit determined that the trial court’s deliberate ignorance jury instruction was inappropriate given the facts of the case.
- United States v. Gorman: Although the individual appeal was unsuccessful, Brindley’s argument led the Seventh Circuit to overturn the “doctrine of inextricable intertwinement,” a rule that had allowed the government to introduce inappropriate evidence in trials across the circuit.
- United States v. Banks: Conviction overturned and sentence reduced from approximately 30 years to approximately 2 years after Brindley discovered a DEA chemist who testified had been under investigation and failed to disclose it.
What Makes a Strong Criminal Appeal?
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State Practice Areas
The errors in it are still reviewable."
Frequently Asked Questions
How long do I have to file a criminal appeal in Illinois?
In the Illinois state court, the notice of appeal must be filed within 30 days of the sentencing order. Missing this deadline forfeits the right to a direct appeal. In federal court, the notice of appeal must be filed within 14 days of judgment. These deadlines are jurisdictional, meaning that the courts have very limited authority to extend them. Contact a criminal appeals attorney immediately after sentencing.
Can I appeal if my attorney made mistakes at trial?
Yes. Ineffective assistance of counsel is a well-established ground for reversal in both Illinois state and federal courts. To succeed, you must show that counsel’s performance fell below an objective standard of professional reasonableness, and that there is a reasonable probability that the outcome would have been different with competent representation. In the Illinois state courts, these claims are often raised in post-conviction petitions rather than on direct appeal.
What is a Brady violation, and can it win my appeal?
Do I need a different attorney for my appeal than my trial attorney?
Your Case Is Not Over. 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.