The McHenry County Criminal Defense Lawyer

(847) 854-7700        

The McHenry County Criminal Defense Laywer

(847) 854-7700        

The Process of Appealing A Criminal Conviction

Jan 20, 2022 | Criminal Defense, Criminal Defense Attorney, McHenry County Criminal Charge

If you feel you have been unfairly convicted, know that all is not lost.

An incorrect or unjust criminal conviction does not spell the end of your legal journey.

You have legal alternatives that you can explore to overturn the verdict. Yes, that’s right!

Here’s is a guide that would help you appeal for a criminal conviction:

Initial Notice

It is necessary to submit a notice of intent to appeal to seek post-conviction remedies within twenty days of the date of sentence. Thus, lodging a notice of appeal is the very first step of appealing a criminal conviction.

You must talk with an appeals lawyer quickly if you or your loved one was unfairly convicted or imprisoned.

Also, all states that implement the death penalty provide for an automatic appeal in situations where a death sentence has been issued. If a defendant is found not guilty by a jury, the prosecution is not permitted to appeal the decision.

Grounds For Appeal

In a criminal case, illegally obtained evidence, jury misbehavior, and ineffective counsel aid can lead to legal mistakes. Thus, these can become grounds for your appeal.

This means that the appellate court must conclude that the mistakes had an impact on the result of the case to allow it an appeal. Hence, trial transcripts and all evidence should be carefully reviewed to establish credible grounds.

Appeal Hearing

After receiving notification that the appeal has been granted, the Court of Appeal will schedule a hearing date.

At the hearing, the Appeal Court will hear oral arguments from both the person who filed the appeal, known as the appellant, and the person who is being challenged, known as the respondent.

Further, the court will assess whether or not the trial was handled correctly and whether or not any legal mistakes were committed. Here, factors such as whether the trial was fair; any significant errors were made during the trial; there was sufficient evidence to support the conviction; whether or not the judge directed the jury correctly; will be reviewed.


A guilty verdict in a criminal case does not mean the case is over!

Professional criminal appeals attorneys at Franks & Rechenberg can provide you with all the legal support you need to make a strong case for your appeal.

Schedule a consultation today!


Get the representation and compensation you deserve

Contact Franks & Rechenberg, P.C. today

(847) 854-7700