Despite numerous procedural safeguards, juries do not always return fair verdicts in criminal cases. For that reason, juries do not have the last say regarding criminal convictions. Generally, all criminal defendants have the right to appeal the judgment and accompanying sentence. The appellate procedure varies according to the type of plea: i.e., a plea of not-guilty, a plea of guilty or a negotiated plea of guilty.
Appealing a Judgment and Sentence after Pleading Not Guilty
When a defendant is found guilty and sentenced to imprisonment, probation, conditional discharge, periodic imprisonment or to pay a fine, the trial court must advise him of his right to appeal. The judge must do so when he imposes the sentence. The court must also advise the defendant of his right to request that the clerk prepare and file a notice of appeal. Moreover, if the defendant is indigent, he must be informed of his right to be given a free transcript of the trial/hearing proceedings.
Typically, the trial court judge must also inform the defendant (at sentencing):
- Of his right to have counsel appointed upon appeal;
- That the notice of appeal must be filed in the trial court within 30 days of the sentencing date in order to preserve the right to appeal the conviction (not the sentence);
- If he wants to challenge the sentence or any aspect of the sentencing hearing, he must file a written notice in the trial court within 30 days of the sentencing date (before taking an appeal);
- That any claim regarding the sentence or sentencing hearing that is not raised in the written motion is considered waived; and
- In order to preserve the right to appeal after the disposition of a motion to reconsider a sentence or challenging the sentencing hearing, he must file a notice of appeal in the trial court within 30 days after the court enters an order disposing of these matters.
Appealing a Judgment and Sentencing after Pleading Guilty or Entering a Negotiated Guilty Plea
If the defendant enters a guilty plea, the trial court must inform him at sentencing that:
- He has a right to appeal;
- Before taking an appeal, he must file a written motion in the trial court within 30 days of the sentencing date requesting that the court reconsider the sentence, vacate the judgment and withdraw the guilty plea;
- If the motion is allowed, the sentence will be modified or the guilty plea/judgment vacated and a trial date will be set;
- The state may request that charges dismissed as part of a plea agreement be reinstated and also set for trial;
- If he is indigent, he will be given a free transcript of the proceedings and counsel will be appointed; and
- Any claim not raised in the motion to reconsider the sentence or to vacate the judgment and to withdraw the guilty plea is considered waived.
The same is true when a defendant enters a negotiated guilty plea. A negotiated plea is one in which the prosecution recommends a specific sentence or makes concessions related to the sentence and not merely to the pending charges.
Our Schaumburg criminal defense attorneys have experience handling all aspects of a criminal case, from arrest to conviction to appeal. Contact Glasgow & Olsson today for a free consultation. We can assist those in Chicago and the surrounding Illinois areas.