Legal Question in Criminal Law in Illinois
appealing a judgement in a criminal case
I was convicted of one misdemeanor battery and part of my probation was to serve 90 days in jail which I thought was excessive so I didn't report for my jail term, I could not afford to appeal the case then and I have gone almost 5 years without any contact with the law, I want to know if I can appeal the 90 day sentence at this time. I have a court date on Sept. 29th and I want to know if they can hold me right then or if I can ask for an appeal and come back for another court date, I believe all appeals go the court in Spingfield and are heard by three judges.
1 Answer from Attorneys
Re: appealing a judgement in a criminal case
Hello. After 30 days from the date of conviction, you have no appeal rights. You need
a lawyer at this time since you admit not serving
the sentence. Since so much time has passed,
the State's Attorney may be agreeable to work
out an arrangement where you will pay a fine
rather than serve a sentence. I will be happy
to answer any additional questions that you
might have.
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