Khan Nayyar & Associates, LLC

Call Us 630-LAWYERS | 630-529-9377

Se Habla Español

Subscribe to this list via RSS Blog posts tagged in criminal defense

Downers Grove criminal appeal lawyerNothing is perfect -- not even the criminal justice system. Though we often put our faith in the system, sometimes mistakes do happen, and innocent people are convicted while those who are really guilty walk free. Because there is no way to eliminate mistakes entirely, United States and Illinois law allows for certain actions to be taken if you or your lawyer believe that you were wrongly convicted or that you did not have a fair trial. Whether a mistake was made intentionally or unintentionally in a criminal case, you always have the right to file an appeal.

Filing an Appeal

The time directly after conviction and sentencing is critical. You only have 30 days from your sentencing to file a Notice of Appeal with both the Illinois Circuit Court and the appropriate appellate court. In order for your appeal to be valid, it must be based on an error that took place during your trial. The Court of Appeals will not re-try your case -- they will be looking at the mistakes that were made, which can include:

  • Errors concerning evidence, such as the exclusion of evidence that the jury should have heard or the inclusion of evidence that was unfair or prejudiced
  • Misconduct, whether intentional or unintentional, by prosecutors
  • Defense errors, such as insufficient or inadequate defense

Making a Decision

After the higher court looks at the case, the evidence toward errors, and the errors themselves, the court will make a ruling. The court can:

...

Downers Grove domestic violence defense lawyerThe recognition of and response to domestic violence have improved over the last decade, but domestic violence still exists, and it is a serious and widespread issue. According to the National Coalition Against Domestic Violence, an estimated 10 million people experience domestic violence each year. However, criminal charges related to domestic violence are not always fully understood, which is why it is important to get your facts straight and be informed about local laws. Here are four things you might not have known about domestic violence charges in Illinois:

1. Domestic Violence Can Only Occur Between “Family or Household Members” 

Any act of abuse that occurs between unrelated people is not considered domestic violence. Examples of relationships that are included under the definition of “family or household members” include:

  • Spouses and former spouses.
  • Parents and step parents.
  • Children and step children.
  • People who currently live together or used to live together.
  • People who dated or were engaged.
  • People who have a child in common.
  • People with disabilities and their personal assistants.

2. “Abuse” Can Include Many Different Forms of Behavior 

Abuse can manifest in physical, emotional, or even sexual forms. Examples of abuse can include:

...
American Immigration Lawyers Association Chicago Bar Association National Employment Lawyers Association Illinois State Bar Association
Back to Top