Crime & Traffic

A conviction When someone is declared guilty of a crime by a court means that you have been found guilty of a crime. This can happen:

• After a trial When the issues of a case are heard in court and decided by a judge or jury , when a judge or jury decides that you are guilty, or 
• After you plead guilty to a crime.

Effective January 1, 2025, the definition of "conviction" will be amended to clarify that if judgment An official decision by a court that ends the dispute between parties is withheld, a plea A person's formal answer of guilty, not guilty, or no contest to the charges against them , verdict A judge or jury's decision, or final ruling, about a case. In a criminal case, a verdict is whether the defendant is guilty or innocent. , or finding of guilty will not be considered a conviction until the judgment is officially entered.

After you are convicted, you will be sentenced by a judge. Your sentence depends on the type of crime. Possible sentences include:

• Jail time,
• Probation A criminal court sentence which releases a person into the community. They are under supervision and given certain conditions. ,
• Supervision,
• Community service, and
• Fines.

The days you spent in jail during the trial might count toward your sentence. Your sentence can include just one, or more than one of these options.

Some sentences are not considered convictions for the purposes of clearing your criminal record. To learn more about clearing your criminal record, see Expunging a criminal record.

Withdrawing a guilty plea

If you plead guilty, and you are not happy with the sentence, you can ask the judge to:

• Reconsider your sentence, and
• Withdraw your guilty plea.

If your request to withdraw your guilty plea is granted by the judge, the case will start from the beginning like there was no plea. You must act quickly if you want to withdraw your plea. You have only 30 days from receiving your sentence to file a request.

The judge may set bond again. You may be locked up and remain in custody during trial if you cannot post bond.

Appealing a criminal conviction or sentence

You have the right to appeal A request to change a court's decision your conviction and sentence. An appeal is a review of your case by the Illinois Appellate Court. The appellate court is a higher court that reviews the decisions of the trial court. 

You can ask for an appeal if you believe there was a serious error in your case. The appellate court will then review the issues you bring up.

Common issues raised on appeal include:

• The trial court allowed or didn’t allow certain evidence Anything used to show that something is true ,
• Rulings on other pretrial motions,
• The makeup of the jury,
• Jury instructions, and
• The prosecutor’s arguments were inappropriate and unfair.

An appeal is not like another trial. You do not get to have witnesses and re-argue the case. Instead, you must base your appeal on any of the following:

• The trial judge made procedural mistakes that ended in an unfair trial,
• The evidence does not support the verdict, or
• The trial court did not have the jurisdiction The legal authority of a court to hear and decide a case. Also a region where a court has authority. to hear Listen to and judge a case the case.

If you can show that the judge made a mistake, your conviction can be overturned. But it won’t be overturned unless the mistake violated your rights in a serious way. 

Winning an appeal is not easy, and most convictions are upheld.

If the appellate court finds a mistake and decides that it is serious, it can order a new trial. However, it is important to act quickly if you want to appeal your conviction. You only have 30 days after you are sentenced to appeal. 

If you appeal, the judge may not send you to prison if you can post bond. However, a bond is usually not granted.

Getting help with a criminal appeal

You are not required to have a lawyer Someone who represents clients in courts or who gives legal advice to help you appeal your conviction, but it is strongly recommended. Contact the lawyer who represented you in court to discuss the matter. If you have no lawyer, write a letter to the circuit clerk The office that takes care of files and documents for circuit court cases , and your case will be brought before the judge, and a lawyer will be given to you.

In some cases, you may be able to get a free lawyer to help you appeal your conviction. In other cases, you may need to hire a private lawyer. For more information, contact the Public Defender A free lawyer appointed by the criminal court when a defendant cannot afford to pay for a lawyer ’s office in your county, or visit the Office of the State Appellate Defender.