Legal Question in Criminal Law in Illinois

Class X Felony Charges

My boyfriend has been charged with a class x felony and had his trial and the jury found him guilty. The short time I was able to be in the court room for the trial I found alot of mistakes on the Proscutions end and the Public Defender who was suppose to defend him, he wants a new trial how do we go about doing this? Do we have to wait until he is sentenced or can we move ahead before this? Thank You,


Asked on 8/05/05, 11:10 am

1 Answer from Attorneys
David Shestokas Shestokas, & Associates

Re: Class X Felony Charges

Generally, motions for a new trial do not have to await sentencing. Issues regarding error by the court, prosecutor or the defendant's own lawyer can be brought to the court right after the trial, although it is wise to obtain a transcript of the proceedings and have it reviewed by counsel for errors. There is a possibility that if an error is missed that it may not be available for later appeal in the event the motion for a new trial is denied. If you wish to consult on these issues, please call Roger Malavia in our office at 312-578-9365.

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Answered on 8/05/05, 6:18 pm


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