Chicago Appeals Attorney
If you have been convicted of a crime in a decision with which you disagree, you may have a second chance at getting the result you’re looking for. This is a complicated process called an appeal. Pursuing an appeal requires the knowledge and skills of an appellate attorney which differ from those of a standard criminal defense lawyer. At The Moran Law Group, you can turn to a Chicago appeals attorney who has significant experience in making appeals for clients throughout the area.
As your appeals lawyer, Attorney John Moran will take on the task of presenting to the court the same evidence that was presented in the original trial to prove that the decision reached previously was incorrect. Wrongful convictions can and do occur based on mistakes made during the lower court’s proceedings. That is why state and federal courts have the option to hear appeal cases to remedy those mistakes and see that justice is served.
Connect with our Chicago appeals lawyer at The Moran Law Group online or by phoning (312) 487-4344 to request your free 30-minute consultation.
How the Appeals Process Works
Rulings in lower courts are based on the facts presented in evidence during the trial. However, appeal cases do not constitute a new trial or look at new evidence. They are based on a review of the lower court’s trial record in search of legal errors that impacted the outcome in a negative way. Thus, they rely on an extensive and detailed analysis of that record for mistakes.
Your appeals attorney must conduct a thorough analysis of the court records to determine if errors were made and identify them. Once this is determined, a written brief is provided to the higher court for review. Later, both the appeal lawyer and the opposing lawyer may make oral arguments to the court. After hearing all the arguments, the appellate court will come to a decision.
Examples of legal errors that can justify an appeal can include:
- Improperly obtained evidence was admitted into the trial. This can include evidence unlawfully seized.
- Improperly excluded evidence.
- Insufficient evidence. When proving guilt beyond a reasonable doubt, it must be backed up with sufficient evidence to prove the charges.
- The defendant was falsely arrested. This could have been done without a proper warrant or without probable cause.
- Ineffective legal counsel. This occurs when your lawyer’s performance was so poor that it deprived you of a fair trial.
- Prosecutorial misconduct. This is done through unlawful acts or failing to act on the part of the prosecution that leads to a wrongful conviction or overly harsh sentence. This could include asking damaging questions without basis in fact, giving personal opinions, tampering with evidence, and more.
- Misconduct by the jury. This could include communicating with others outside of the court case, bringing in their own outside evidence, and other behaviors that compromise the case.
- A judge’s abuse of discretion. This involves ruling in a way that is unreasonable, arbitrary, or erroneous and not based on the facts of the case under applicable law.
Rulings in an appeal can include a confirmation of the original verdict, a reversal of the conviction which may lead to a new trial, or remanding the case back to the original court for a retrial or new sentencing.
Attorney John Thomas Moran is extensively experienced working with appeals cases. He has the skills to present old evidence in a new way that can help your case and its decision. He has helped numerous clients with appeals cases from Colorado to Illinois. He has also been admitted to the bar of the Supreme Court of the United States, which handles more substantial appeals cases, should your case need to get to that point.
Book your consultation with our Chicago appellate attorney by contacting us today.
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