Criminal Appeals Attorney ● Practicing Since 1978
Assisting Family Members' Efforts to Free Convicted Loved Ones
Blood Law Office handles state and federal appeals and is available to represent individuals convicted of any crime. He may be contacted online or by telephone at 618-345-4400 or 800-240-8132.
Attorney Blood visits most prisoners in person. However, because he works mostly with the case file, he usually communicates over the telephone, accepts collect calls, and writes and answers letters. Some appellate attorneys file briefs and petitions on behalf of prisoners without first showing the prisoner the proposed filing and obtaining the clients consent. That is not done in this office.
To learn more about the Illinois Criminal Justice System, please click here.
Criminal Appeals Process
A convicted person has the right to an attorney for his or her direct appeal, and one can be appointed by the court. The process of appealing a judgment involves bringing a convicted person's case before Illinois' appellate court, usually with the goal of obtaining one of the following:
- Reversal
- New trial
- Re-sentencing
An appeal almost always involves a claim that a state circuit court or federal district court violated the convicted person's rights under the United States Constitution. Facts supporting these claims must be shown in the record on appeal (court case file and transcript).
Post-conviction Petition Process
If an initial (direct) appeal fails, the prisoner may file a post-conviction petition in the same court that decided the original sentence. Post-conviction petitions are based on claims that the prisoner could not make on the direct appeal. The petition must make the claim that the court violated the individual's constitutional rights, this time in a manner the record on appeal did not show. Common post-conviction claims hinge on the discovery of some new information such as ineffective assistance of counsel. This may be due to a variety of factors including lack of trial preparation or the failure to call key witnesses.
Affidavits are included in the petition to support the claims. In Illinois post-conviction matters, one does not have the right to an attorney until a judge in the circuit court finds the petition is not "frivolous or patently without merit."
Like any other judgment, the denial of a post-conviction petition can be appealed. Post-conviction claims that are not appeals, cannot succeed as habeas claims.
Habeas Corpus Process
The habeas corpus process can take years, and will proceed only if the petition passes preliminary review by a United States District Court judge. The key to this step is preserving the prisoner's claims for review by properly raising them in the state-court system. Habeas corpus concerns only constitutional-rights claims that have been made in the Illinois circuit and appellate courts and in a petition to the Illinois Supreme Court.
At this level in the process, the Constitution no longer guarantees counsel or effective counsel. Individuals choosing to obtain an attorney have a definite advantage as the procedures can be complicated and confusing.
Contact Blood Law Office Today
For experienced criminal appeals representation, individuals may contact Blood Law Office online for a free initial consultation or call 618-345-4400 or 800-240-8132. Blood Law Office provides a free initial consultation to discuss a potential case's details and to offer possible courses of action. Once the firm is secured as counsel, the client pays a retainer for the lawyer in advance.
Blood Law Office
1602 Vandalia Street
Collinsville, IL 62234-4459
Telephone: 618-345-4400 | Toll Free: 800-240-8132
Fax: 618-345-3299 | E-mail
Map and Directions
