Guilty? An Appeals Attorney Who Can Change That
Post-trial motions are a critical aspect of a direct appeal. Ideally, an appeals lawyer should be hired immediately upon a finding of guilty and the appeals attorney should play an important role in the drafting of the post-trial motions. Post-trial motions are filed after a jury has returned a finding of guilty. The purpose of post-trial motions is to alert the judge of errors that occurred during your trial. The post-trial motion serves to establish that your trial was not fair or that the jury returned an incorrect verdict. Post-trial motions are meant to ensure that errors are corrected as soon as possible. Therefore, a successful post-trial motion can obviate the need to even file an appeal.
Types of Post-Trial Motions in Illinois
Various post-trial motions exist. However, the most common post-trial motions are:
- Motion for a new trial;
- Motion to reconsider sentence;
- Motion to dismiss;
- Motion for judgment of acquittal;
- Motion for a trial order of dismissal; and
- Motion for judgment notwithstanding the verdict.
Importance of Post-Trial Motions
Illinois Supreme Court requires that a motion for a new trial to be filed before filing an appeal. Additionally, the Rules state that anything not raised in the motion for a new trial cannot be raised on appeal. Furthermore, if you want to challenge the sentence on appeal then the Illinois Supreme Court Rules require you to file a motion to reconsider sentence. In a nutshell, filing weak post-trial motions or failing to list an error can result in you not being able to argue that error on appeal. The Rules regarding the filing of post-trial motions are also different depending on whether you had a jury trial or a bench trial.
Post-trial motions are an important part of a direct appeal in both criminal appeals and civil appeals. A good post-trial motion frames the appeal and is the first opportunity to attack a wrong decision. However, a bad post-trial motion can cripple your appeal. Failing to preserve an issue can cause you to forfeit it on appeal.
We Can Help, We Know How to Win
If you have been found guilty of a crime, it is not to late to get the justice that you deserve. We can file the appropriate post-trial motions on your behalf and we will comb through every aspect of your case to see if you received a fair and impartial trial. Our goal is to win when we file a post-trial motion and we have avoiding the need to even file an appeal.
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