Legal Question in Criminal Law in Illinois
filing an appeal
My brother-in-law is being acccused of a crime that he did not commit and there were a lot of holes in the prosecutions case. I want to know how to go about declaring the lawyer ineffective so that we can file for an appeal.
1 Answer from Attorneys
Re: filing an appeal
Before you can file an appeal your brother-in-law must be sentenced. Then, within 30 days, your lawyer can file a motion to reconsider the sentence if the sentence is too harsh. After that a notice of appeal must be filed within 30 days. If there is no motion to reconsider the sentence, then the notice of appeal MUST be filed within 30 days of the sentencing. Trial transcripts must be purchased. Briefs must be filed. There is lots of work to do, and appeals can be expensive. Please call if you have any questions.
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