When a criminal conviction doesn’t reflect the truth, you need an attorney who understands appellate law and knows how to challenge that conviction. Bruno Law Offices represents clients throughout Bloomington, Normal, and McLean County who are fighting their convictions through the appellate process. Our Bloomington criminal appeal lawyers have the experience and credentials to identify viable grounds for appeal and present compelling arguments to appellate courts.
Understanding the Criminal Appeals Process
A criminal appeal is not a new trial. Instead, the appellate court reviews the record from your trial. The court determines whether legal errors occurred that affected the outcome of your case. The appellate court examines the trial transcript, evidence, and legal arguments. It decides whether your conviction should stand, get reversed, or be modified.
Your appellate attorney files a written brief. This brief explains the errors that happened at trial. It explains why those errors require reversal or a new trial. The appellate court then considers your brief and the prosecution’s response. Sometimes the court hears oral arguments. Your lawyer presents your case directly to the judges. Understanding the appellate process is essential for defendants seeking to challenge their convictions.
Timeline and Stages of Appellate Review
The appellate process moves slowly but deliberately. After your conviction, you typically have 30 days to file a notice of appeal. Your attorney then has several months to obtain the trial record and prepare the appellate brief. The prosecution responds with its own brief.
After both sides submit their written arguments, the appellate court schedules oral arguments. Not all cases receive oral argument. The entire process from filing a notice of appeal to receiving a decision can take 12 to 24 months or longer. The court’s caseload and the complexity of your case affect the timeline. During this time, you may remain incarcerated or out on bond. This depends on your circumstances and whether the court grants a stay of execution of the sentence.
Common Grounds for Criminal Appeals
The appellate court will review your case for legal errors that affected the outcome. Here are the most common grounds for appeal:
- Ineffective Assistance of Counsel – If your trial attorney failed to provide adequate representation, you may have grounds for appeal. This includes situations where your attorney missed important deadlines, failed to investigate key evidence, didn’t challenge constitutional violations, or provided advice that fell below professional standards. Proving ineffective assistance requires showing that your attorney’s performance was deficient and that this deficiency prejudiced your case—meaning there’s a reasonable probability the outcome would have been different with competent representation. This standard comes from the landmark case Strickland v. Washington, 466 U.S. 668 (1984), which established the two-prong test for evaluating ineffective assistance claims.
- Procedural Errors and Constitutional Violations – Trial courts sometimes make mistakes in how they handle your case. These errors might include improper jury instructions, admission of evidence that should have been excluded, violations of your right to confront witnesses, or failure to suppress illegally obtained evidence. Constitutional violations, such as denial of your right to counsel or violation of your Fifth Amendment rights, provide grounds for appeal. These protections are codified in the Illinois Supreme Court Rules.
- Evidentiary Issues and Trial Errors – If the trial court admitted evidence that was prejudicial, this may support an appeal. If the court excluded evidence that was crucial to your defense, this may also support an appeal. Trial errors include improper statements by the prosecutor, judicial bias, or jury misconduct. Your appellate attorney examines the entire trial record to identify errors that affected the fairness of your trial. These issues often require the knowledge of a criminal defense attorney experienced in appellate work.
Our Appellate Defense Strategy
We approach every appeal with a comprehensive strategy designed to identify and challenge errors that affected your conviction.
Our Process:
- Thorough Case Review – We conduct a detailed review of your trial record, examining the transcript, evidence, and all motions filed during your case. This analysis helps us identify viable grounds for appeal.
- Legal Research and Argument Development – We research applicable law and develop legal arguments that address the errors we’ve identified. We craft a persuasive appellate brief that explains why those errors require reversal or a new trial.
- Oral Argument Preparation – If your case proceeds to oral argument, we prepare extensively to present your case effectively before the appellate panel. We anticipate the judges’ questions and develop clear, concise responses that reinforce your arguments.
- Comprehensive Relief Options – Throughout the process, we explore all available options, including direct appeals, post-conviction relief motions, and collateral attacks on your conviction.
Our briefs are carefully written to appeal to appellate judges’ legal reasoning and sense of justice. We understand what persuades appellate courts and how to present your case for the best possible outcome.
Post-Conviction Relief Options
After your direct appeal, several additional legal tools may be available to challenge your conviction or sentence and seek justice through post-conviction relief.
- Direct Appeals vs. Collateral Attacks – A direct appeal challenges errors that appear in the trial record. You file a notice of appeal within 30 days of sentencing. The appellate court reviews the record for legal errors. Direct appeals are your first opportunity to challenge your conviction. If your direct appeal is unsuccessful, you may pursue collateral relief. You might discover new evidence or legal grounds after your direct appeal concludes. Post-conviction petitions and habeas corpus proceedings allow you to raise issues that weren’t part of the trial record. They allow you to raise issues that couldn’t have been discovered earlier. Understanding your post-conviction relief options is crucial for defendants seeking additional avenues for justice.
- Habeas Corpus Petitions – A habeas corpus petition challenges the legality of your imprisonment. You can file a habeas petition in state court. After exhausting state remedies, you can file in federal court. Habeas petitions are particularly useful when you’ve discovered new evidence of innocence. They help when your attorney was ineffective. They help when constitutional violations occurred that weren’t addressed on direct appeal. Federal habeas corpus procedures are governed by 28 U.S.C. § 2254.
- Motion for New Trial – In some cases, a motion for a new trial may be appropriate. This is particularly true if newly discovered evidence suggests your conviction was unjust. This motion must typically be filed within 30 days of sentencing. Timing is critical. If you believe you have grounds for a new trial, contact our Bloomington criminal defense team immediately.
Why Choose Bruno Law Offices for Your Criminal Appeal
Your appellate attorney makes the difference between a conviction that stands and one that gets reversed. Bruno Law Offices brings appellate experience to every case we handle. When facing serious criminal charges, having an experienced criminal defense lawyer on your side during the appellate process is critical.
Our Appellate Team Includes:
Our team includes experienced criminal defense attorneys and legal professionals with deep knowledge of appellate law, criminal defense, and a long history of results. The following highlights key members and credentials that set our appellate practice apart.
- Evan Bruno – Served as clerk for the Illinois Fourth District Appellate Court, giving him knowledge of how appellate judges think and what arguments persuade them. He serves in leadership positions with the Illinois State Bar Association, including as Chairman of multiple Section Councils. The Illinois Supreme Court appointed him to the State Appellate Defender Commission. He is an Adjunct Law Professor at the University of Illinois College of Law. View his profile on Avvo and Martindale-Hubbell.
- Anthony Bruno – Holds membership on the Federal Criminal Justice Act Panel, demonstrating his qualifications to handle complex federal criminal matters. He serves as a member of the Illinois State Bar Association Governing Assembly and is President of the Champaign Unit 4 Board of Education. View his profile on Avvo and Martindale-Hubbell.
- Additional Team Members – Our team also includes Kari Gibson, Jamie Rollins, and Katty Sievers, all experienced criminal defense attorneys who focus on appellate matters and criminal defense.
- 45+ Years of Criminal Defense Experience – Bruno Law Offices was founded by Thomas Bruno in 1980, who built the firm’s reputation for handling serious criminal cases. Now retired, he has passed the leadership to the next generation of attorneys. The firm focuses exclusively on criminal defense, which means every attorney on our team understands criminal law and appellate procedure.
When you work with us, you get personal attention from an experienced Bloomington criminal defense attorney. You won’t work with a junior associate or paralegal. We review your entire case record and will identify errors that occurred at trial. We develop a strategic appellate approach tailored to your situation.
Our Track Record in Criminal Appeals:
Bruno Law Offices has successfully handled numerous criminal appeals, including cases involving serious charges. Our results include:
- Rape/Criminal Sexual Assault Charges – Dismissed after weaknesses were found in the State’s case
- Credit Card Fraud Charges – Dismissed after corporate records proved allegations false
These results demonstrate our ability to identify errors, challenge evidence, and persuade appellate courts to overturn convictions or dismiss charges. View our complete case results and client testimonials.
Frequently Asked Questions About Criminal Appeals
What grounds support a criminal appeal?
Appeals may be based on ineffective assistance of counsel, constitutional violations, procedural errors, or evidentiary issues. These issues must have affected the fairness of your trial. The strength of your specific case depends on the errors that occurred and the applicable law. If you’re unsure whether you have grounds for appeal, our criminal defense attorneys can review your case.
Can I appeal if I pleaded guilty?
Yes, you can appeal even if you pleaded guilty. However, your grounds for appeal are more limited. You can appeal if your attorney was ineffective in advising you about the plea. You can appeal if the trial court failed to ensure your plea was knowing and voluntary. You can appeal if there were constitutional violations in how your case was handled.
You can appeal the sentence imposed as part of a guilty plea. File a motion to reconsider the sentence within 30 days of sentencing. Additionally, if the sentence was illegal or your attorney was ineffective in advising about sentencing, these provide additional grounds for appeal.
What is ineffective assistance of counsel?
Ineffective assistance of counsel occurs when your trial attorney’s performance falls below an objective standard of reasonableness. This deficient performance must have prejudiced your case. Examples include failing to investigate evidence, missing important deadlines, not challenging constitutional violations, or providing advice that contradicts established law.
To succeed on an ineffective assistance claim, you must show two things. First, your attorney’s performance was deficient. Second, there’s a reasonable probability the outcome would have been different with competent representation. This is why having an experienced appellate attorney is essential.
Do I have to serve my sentence while appealing?
Whether you remain incarcerated during your appeal depends on several factors. If you were released on bond before trial, you may remain free during your appeal. If you were incarcerated, you could request that the trial court stay execution of your sentence pending appeal. This would allow you to remain free while your appeal is pending. The court considers factors like the strength of your appeal and the risk that you’ll flee.
What happens if my appeal is denied?
If the appellate court denies your direct appeal, you may pursue post-conviction relief. You can file a post-conviction petition in the trial court. If you’ve exhausted state remedies, file a habeas corpus petition in federal court. These collateral proceedings allow you to raise issues that weren’t addressed on direct appeal. They allow you to present newly discovered evidence. Our attorneys can help you explore these options if your initial appeal is unsuccessful.
Contact Bruno Law Offices for Your Free Consultation
If you’re facing a criminal conviction in Bloomington, Normal, or throughout McLean County, don’t wait to explore your appellate options. The appellate process has strict deadlines. Missing a deadline can eliminate your right to appeal. Call 309-861-9960 today to schedule a free consultation with an experienced Bloomington criminal appeals attorney. We’ll review your case, explain your options, and help you understand the next steps in fighting your conviction.