Federal and State Criminal Appeals

A guilty verdict or a prison sentence leaves a person and their family facing immediate questions. Did the judge allow evidence that should have been excluded? Was the jury instructed correctly? Did the court apply the sentencing law correctly? Can another court review the decision?

An appeal asks a higher court to examine claimed errors in the proceedings. The reviewing judges generally work from the record made in the trial court: transcripts, exhibits, written motions and orders. They do not hear the witnesses again or conduct a second trial.

Bedi & Singer reviews federal criminal cases and Illinois state cases for appeal. The first task is to identify the judgment or order, check any motions already filed, and determine what must be done to preserve the right to appeal. That work should begin promptly, even if transcripts are not yet available.

The time to begin an appeal can be short. In a federal criminal case, a defendant generally has 14 days after entry of the judgment or order to file a notice of appeal. A government appeal or certain timely motions can change that calculation. In an Illinois criminal case, the notice is generally due within 30 days after final judgment. Guilty pleas and certain other orders have separate requirements.

These are starting points, not a deadline calculation for an individual case. The triggering order, the type of appeal and the motions filed all matter. Limited procedures may permit a late filing, but an extension is not automatic. A lawyer should check the dates immediately rather than wait for the record to be assembled.

An appellate review may examine whether the evidence legally supported the conviction, whether a search or statement should have been excluded, whether the jury received the correct instructions, or whether the court made an error in imposing the sentence. The issue must be evaluated in the context of the whole case.

The appellate court applies different standards to different questions. It may decide a legal question independently while giving deference to a trial judge’s factual findings or discretionary decisions. Whether the defense raised the objection at the right time can affect both the issues available and the standard of review. An unpreserved issue may face a much narrower path to relief.

Identifying an error is only part of the work. Counsel must also address whether the error warrants relief under the governing standard. Some errors are treated as harmless; others can require a new trial, resentencing or other relief. An appeal does not guarantee that the conviction will be reversed or that the client will be released.

Federal criminal appeals from district court judgments are generally heard by the federal court of appeals for that circuit. Appeals from federal courts in Illinois go to the Seventh Circuit. Bedi & Singer’s federal practice serves clients nationwide, with each case subject to the rules of the court hearing it.

A sentencing appeal may involve the calculation of the advisory guideline range, the procedure the judge followed, or whether the sentence was reasonable under the governing law. An appeal following a trial may raise issues concerning the evidence, rulings or instructions. A guilty plea can substantially limit the issues available, and a plea agreement may contain an appeal waiver. The agreement and the plea hearing both need review before deciding what can be challenged.

Appeals from Illinois criminal convictions ordinarily go to the Illinois Appellate Court. Cook County cases generally go to the First District; cases from other counties go to the appellate district that serves them. The appellate record and the required motions in the trial court determine how a challenge reaches that court.

An appeal after a guilty plea requires particular care. Illinois generally requires a motion in the trial court within 30 days of sentencing before an appeal from the plea judgment. The motion depends on what is being challenged and whether the plea included an agreement about the sentence. For example, challenging a negotiated sentence as excessive generally requires a motion to withdraw the plea and vacate the judgment. Counsel should review those requirements before the deadline passes.

Posttrial motions and sentencing motions can also affect appellate review. The Motions for New Trial and Sentencing Hearings pages explain those proceedings in the trial court.

The opening brief identifies the errors being challenged, cites the parts of the record that support them, and explains why the law requires relief. The prosecution responds, and the defense can file a reply. Some appeals also include oral argument, where the lawyers answer the judges’ questions. Others are decided on the written submissions.

The court may affirm the judgment, reverse or vacate all or part of it, or send the case back for further proceedings. A favorable ruling may mean another hearing, a new trial or resentencing rather than an immediate end to the case. The next steps depend on the court’s specific directions.

New evidence and claims about events that were never made part of the trial record may require a different procedure. A direct appeal generally cannot be used to introduce new witness testimony or documents as evidence of what happened.

An Illinois post-conviction petition or a federal collateral challenge may provide a way to raise certain constitutional claims outside the direct appeal. These proceedings have their own deadlines and restrictions. They are not interchangeable with an appeal, and starting one does not automatically preserve the time for the other. See Post-Conviction Relief in Illinois for the Illinois process.

Jonathan Bedi and Dena Singer work together on Bedi & Singer’s cases. On an appeal, the client needs to understand which issues the record supports, what relief is being requested, and what the court’s decision could mean for the case. The review should also account for any proceedings still pending in the trial court.