Legal Question in Criminal Law in Illinois

I hired an attorney for my first degree murder case. My attorney did absolutely nothing to help me. And eventually talked me into pleading guilty. As a result I recieved a 40 year sentence. Is that a good cause for an appeal?


Asked on 12/23/10, 8:53 am

1 Answer from Attorneys

Kelly Bennett Bennett Law Offices

You can always file an appeal, whether there is good cause will be decided by the appellate court. One of the problems you have however is that it was your decision to plead guilty. From years' of experience, I know that prior to accepting your guilty plea, the court inquired whether you were pleading guilty of your own free will and understood the possible range of sentences. The court would have then asked you whether you still wish to plead guilty, to which you obviously answered yes. Your claim that your attorney "talked you into pleading guilty" is not likely going to be a winning argument on appeal unless you have other factors for the appellate court to consider.

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Answered on 12/28/10, 10:45 am


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