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Do you have legal grounds to file an appeal?

Facing criminal charges can cause you to feel confused, anxious and many other emotions. Though you may work to create a criminal defense against the allegations leveled against you, you may still find yourself facing a conviction. This situation can feel even more nerve-wracking as the sentencing you may have to deal with could have considerable impacts on your life.

Even though you may think that you have no other options once a conviction has occurred, you could potentially file an appeal to the guilty verdict. However, you must have plausible reason for following through with an appeal. Therefore, you may wish to consider the four basic legal grounds for filing an appeal.

Plain error

Because you have rights even when accused of a crime, it is important those rights are not infringed upon or otherwise negatively affected during the course of your criminal trial. If your substantial rights were so affected during the course of your case, a plain error may have occurred. A plain error could give grounds for you to seek an appeal of your case or sentencing. In fact, miscalculated sentences stand as one common plain error that could occur.

Issues of discretion

Judges play important parts in criminal proceedings. They often have to make various rulings throughout a single case, and in many instances, they can make certain decisions at their own discretion. However, if a judge abuses this discretion by handing down a ruling that you considered unreasonable, arbitrary or not applicable based on the details of your case, you may have reason to file an appeal.

Problems with legal counsel

Though you have the right to an attorney, you may have felt that your attorney did not perform his or her job properly in the course of your criminal proceedings. As a result, your rights to a fair trial and your right to have adequate legal representation may have been violated. In order for this reason to warrant an appeal, proof must exist that the attorney's misconduct resulted in an unfair trial. If so, you would certainly want to consider obtaining new representation during the appeals process.

Moving forward with an appeal

If you hope to appeal a conviction, you will certainly want to ensure that you have the grounds to move forward with his action. Understanding the details of your case and your appeals options may help you in this endeavor. Therefore, you may wish to utilize local Illinois legal resources to obtain reliable and applicable information.

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DMC - Law Offices of Damon M. Cheronis

Law Offices of Damon M. Cheronis
140 S. Dearborn Suite 411
Marquette Building
Chicago, IL 60603

Toll Free: 866-587-9887
Phone: 312-386-7033
Fax: 312-277-1920
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