Call to Schedule a Free Consultation


How to Fight Wrongful Convictions in Illinois

 Posted on March 22, 2024 in Wrongful Conviction

Wheaton criminal defense lawyerWrongful convictions are a travesty of justice that can devastate lives and erode public trust in the legal system. Individuals who have been wrongfully convicted have legal options to challenge their convictions and seek exoneration. An Illinois lawyer can guide you through the process of fighting wrongful convictions.

Understanding Your Rights

The first step in fighting a wrongful conviction is understanding your rights under Illinois law. The Illinois Post-Conviction Hearing Act allows individuals who have been convicted of a crime to file a petition challenging their conviction or sentence based on constitutional violations or other legal errors.

Gathering Evidence

To succeed in a post-conviction petition, you must present compelling evidence demonstrating that your conviction or sentence was unfair. This evidence can include new DNA evidence, witness recantations, evidence of prosecutorial misconduct, or ineffective assistance of counsel.

Filing the Post-Conviction Petition

Once you have gathered the necessary evidence and consulted with an attorney, the next step is to file a post-conviction petition in the court where you were convicted. The petition must clearly outline the constitutional violations or legal errors that occurred during your trial or sentencing and provide supporting evidence. Being cautious with this part is important because it can significantly impact your overall case.

The Hearing Process

After filing the petition, the court will review the claims and evidence presented. A hearing will be scheduled if the court determines that the petition has merit. Both sides will present arguments and evidence during the hearing, and the court will decide whether to grant relief, such as a new trial or a reduced sentence.

Alternative Remedies

In some cases, alternative remedies may be available to challenge a wrongful conviction in Illinois. For example, you may be able to file a motion for a new trial based on newly discovered evidence or seek executive clemency from the Governor.

The Importance of Perseverance

Fighting a wrongful conviction can be a long and arduous process, but perseverance is essential. Wrongful convictions not only deprive individuals of their freedom but also undermine the integrity of the justice system. By challenging these injustices, you can help ensure that the system is fair and just for all.

Contact a Wheaton, IL Criminal Defense Lawyer

There are different legal avenues available to fight for justice. Understanding your rights, gathering evidence, consulting with a DuPage County, IL criminal defense attorney, and navigating the post-conviction process can increase your chances of success. Call Stephen A. Brundage at 630-260-9647 for a free consultation to get started with a lawyer with 30+ years of experience.

Share this post:
Back to Top