Post-Conviction Lawyer in Chicago

If you believe your Constitutional rights were violated during your criminal case, you may be eligible to seek post conviction relief. This process allows you to challenge your conviction after sentencing and request that the court correct serious legal errors.

A successful petition may result in a new trial, a sentence modification, or other corrective remedies. However, courts only grant post-conviction relief when you can show that a Constitutional violation occurred and had an impact on the outcome of your case.

Hiring an experienced criminal defense attorney is essential. Kovacevic Law handles post-conviction matters across Chicago and DuPage County and can guide you through the process from start to finish.

What Is Post Conviction Relief?

Post conviction relief is a civil procedure that allows someone who has already been convicted to argue that their Constitutional rights were violated during their criminal proceedings. It is separate from a direct appeal and can be used even after an appeal has been decided.

If your petition has merit, the judge may order corrective action to address the violation. This does not automatically erase your conviction, but it gives you an opportunity to have the issue reviewed and remedied.

How Post Conviction Relief Differs From a Direct Appeal

A direct appeal challenges errors that appear in the official trial record, such as incorrect rulings or improper jury instructions.

Post conviction relief is different because:

• It allows you to raise issues not shown in the trial transcript
• It focuses on Constitutional violations, including ineffective assistance of counsel
• It is a civil proceeding rather than a criminal one

For example, if your attorney failed to explain immigration consequences before advising you to plead guilty, that failure would not appear in the record, but it could be grounds for post conviction relief. Many people pursue both a direct appeal and a post conviction petition, depending on their circumstances.

Grounds for Seeking Post Conviction Relief

You may file a petition for post conviction relief if you experienced a violation such as:

• Being convicted under a law that violates the Constitution
• A court lacking proper jurisdiction over your case
• Legislative changes that should apply to your case retroactively
• A sentence that exceeds the maximum allowed by law
• Ineffective assistance of counsel
• The prosecution withholding favorable evidence, known as a Brady violation

Any significant Constitutional violation that affected the outcome of your case may serve as grounds for relief.

Deadlines for Filing Post Conviction Relief Petitions

Strict time limits apply. Direct appeals must be filed within 30 days of sentencing. If you do not file an appeal, you usually have three years from the date of conviction to file a post conviction petition. If you have filed an appeal, your deadline is tied to the appeal process and can be much shorter. Because these timelines depend heavily on the specifics of your case, contacting an attorney immediately is crucial. Missing a deadline may prevent you from receiving any relief.

The Post Conviction Relief Process in Illinois

Illinois uses a three stage system for reviewing these petitions.

Phase One: Filing Your Petition

Your petition must be filed while you are still considered “imprisoned.” This includes prison, jail, probation, or parole. In this phase, the judge reviews the petition privately, without input from the State, to determine whether your claim has potential merit.

Petitions that appear frivolous or unsupported will be dismissed. If the petition shows an arguable violation, it moves to phase two.

Phase Two: Substantive Review

At this stage, the State may file a response or request dismissal. The judge must determine whether your petition demonstrates a “substantial showing” of a Constitutional violation. If no substantial showing is made, the case is dismissed. 

If the showing is adequate, the case proceeds to an evidentiary hearing.

Phase Three: Evidentiary Hearing

This hearing functions like a bench trial. Both sides can present evidence, call witnesses, and argue the issues before the judge. If the judge finds that a Constitutional violation occurred and affected the outcome, you may be granted relief.

Possible Forms of Relief

If your petition is successful, the court may order one or more remedies such as:

• A new trial
• A modified or reduced sentence
• Release from custody
• Reimbursement for certain costs and legal expenses
• The specific remedy depends on the violation proven.