Already Convicted? Awaithing Sentencing? There May Still Be Hope
Challenge Wrongful Convictions and Unjust Sentences
Call (309) 999-1177 Now⭐⭐⭐⭐⭐ 5-Star Reviews • 30 Years Experience • 14 Counties Served
Your Conviction Is Not the End of the Road
If you’ve been convicted of a crime in Illinois, you may still have legal options. Whether your trial attorney provided ineffective assistance, new evidence has emerged, or your constitutional rights were violated, post-conviction relief and appeals can challenge unjust convictions and excessive sentences. Don’t give up—call us today.
What Is Post-Conviction Relief?
Post-conviction relief is a legal process that allows convicted individuals to challenge their conviction or sentence after the direct appeal period has ended. It’s different from a direct appeal—it focuses on constitutional violations, new evidence, and issues that weren’t raised at trial or on direct appeal.
This area of law is complex and highly specialized. Most criminal defense attorneys don’t handle post-conviction work. Attorney Maureen Williams has 30 years of experience navigating Illinois post-conviction procedures and knows how to present compelling arguments for relief.
Types of Post-Conviction Relief
Direct Appeals
Filed immediately after conviction, direct appeals challenge legal errors that occurred during your trial—such as improper jury instructions, admission of illegal evidence, or procedural mistakes by the judge.
Deadline: Must be filed within 30 days of sentencing.
Post-Conviction Petitions
Filed after direct appeals are exhausted, these petitions raise constitutional violations that may not have been apparent during trial—such as ineffective assistance of counsel, prosecutorial misconduct, or newly discovered evidence.
Deadline: Generally within 3 years of conviction, with some exceptions.
Sentence Reduction Motions
Even if your conviction stands, you may be able to reduce your sentence. Motions can be filed based on changed circumstances, excessive sentence, rehabilitation, or sentencing errors.
Varies by situation. Some motions have strict deadlines; others can be filed anytime.
Certificate of Innocence
If you’ve been wrongfully convicted and can prove actual innocence, a Certificate of Innocence can clear your record and may entitle you to compensation from the state.
Requirements: Conviction must be vacated or pardoned based on innocence.
Common Grounds for Post-Conviction Relief
Ineffective Assistance of Counsel
Your trial attorney failed to provide competent representation. This could include failing to investigate, call key witnesses, object to illegal evidence, or advise you properly about plea offers.
Newly Discovered Evidence
New evidence has emerged that could change the outcome of your case—such as DNA evidence, recanting witnesses, or evidence that was hidden by prosecutors.
Prosecutorial Misconduct
The prosecutor violated your rights by suppressing exculpatory evidence, making improper arguments, or otherwise acting unethically during your prosecution.
Constitutional Violations
Your constitutional rights were violated—such as illegal search and seizure, coerced confession, denial of right to counsel, or violations of your right to confront witnesses.
Actual Innocence
You are factually innocent of the crime. This is a high standard but can be proven through DNA evidence, false confessions, mistaken identity, or other compelling proof.
Sentencing Errors
Your sentence was improperly calculated, violated Illinois sentencing guidelines, or is excessive based on the facts of your case and your criminal history.
The Post-Conviction Appeals Process
Case Review
We thoroughly review your trial record, police reports, evidence, and all proceedings to identify grounds for relief.
Investigation
We investigate new leads, interview witnesses, obtain expert opinions, and gather any new evidence that supports your claim.
Petition Filing
We prepare and file a comprehensive petition with legal arguments, supporting evidence, and citations to relevant case law.
Court Proceedings
We represent you at hearings, present evidence, examine witnesses, and argue why you deserve relief from your conviction or sentence.
Appeals
If necessary, we appeal unfavorable decisions to higher courts, continuing to fight for justice on your behalf.
Why Experience Matters in Post-Conviction Cases
Complex Procedures
Post-conviction law has strict procedural requirements, filing deadlines, and technical rules. One mistake can result in waiver of your claims forever. You need an attorney who knows these procedures inside and out.
Higher Standards
Post-conviction relief is harder to obtain than winning at trial. The burden of proof is on you, and courts presume your conviction was valid. You need compelling arguments backed by solid evidence.
Different Skills
Post-conviction work requires different skills than trial work—extensive legal research, persuasive legal writing, and deep knowledge of constitutional law and appellate procedure.
Limited Chances
You typically get only one chance at post-conviction relief. If you lose, you may not get another opportunity. You need to get it right the first time.
Time Limits for Post-Conviction Relief in Illinois
30 Days After Sentencing: Direct Appeal
This is your first opportunity to challenge your conviction. Direct appeals must be filed within 30 days of sentencing. Miss this deadline and you may lose your chance for a direct appeal.
Within 3 Years of Conviction: Post-Conviction Petition
In most cases, you have 3 years from the date of conviction to file a post-conviction petition. Some exceptions exist for claims of actual innocence or newly discovered evidence.
Any Time: Sentence Reduction (Varies)
Depending on the type of motion, sentence reduction requests may be filed at different times. Some have 30-day deadlines; others can be filed years later. Consult an attorney about your specific situation.
After Innocence Proven: Certificate of Innocence
Once your conviction is vacated or you receive a pardon based on innocence, you can petition for a Certificate of Innocence to clear your record and seek compensation.
What Happens If You Win?
Possible Outcomes:
- ◆ Conviction overturned and case dismissed
- ◆ New trial ordered
- ◆ Sentence reduced or modified
- ◆ Guilty plea withdrawn and charges dismissed
- ◆ Record cleared (Certificate of Innocence)
What This Means:
- ◆ Freedom from incarceration
- ◆ Criminal record improvement
- ◆ Employment opportunities restored
- ◆ Rights reinstated (voting, firearms)
- ◆ Possibility of state compensation
What Our Clients Say
"Maureen was excellent to work with. She was very knowledgeable and explained everything clearly. I highly recommend her services."
— Sarah M., Peoria
"Best attorney in central Illinois. She fought hard for my case and got great results. Worth every penny."
— Michael R., Bloomington
"Maureen was professional, responsive, and truly cared about my case. She made a stressful situation much easier to handle."
— Jennifer L., Pekin
"I was facing serious charges and Maureen got them reduced significantly. She knows the local courts and judges very well."
— David K., Decatur
"Maureen went above and beyond. She was available when I needed her and always kept me informed. Highly recommend."
— Robert T., Ottawa
Post-Conviction Relief Across Central Illinois
Attorney Maureen Williams handles post-conviction appeals in 14 central Illinois counties. Click your county for local information:
Common Post-Conviction Questions
Can I appeal if I pleaded guilty?
Yes, but it’s more difficult. You can challenge a guilty plea based on ineffective assistance of counsel, lack of understanding, coercion, or if the plea wasn’t knowing and voluntary. New evidence of innocence may also allow withdrawal of a guilty plea.
What if my direct appeal already failed?
You may still file a post-conviction petition. Post-conviction relief raises different issues than direct appeals—often constitutional violations that weren’t apparent during trial or claims based on newly discovered evidence.
How long does the post-conviction process take?
It varies significantly. Some cases resolve in months; complex cases can take years. The process involves investigation, petition filing, court review, potential hearings, and possible appeals. We work efficiently while ensuring thoroughness.
Can I get compensation if I was wrongfully convicted?
Yes. Illinois law allows wrongfully convicted individuals to receive compensation from the state. You must first obtain a Certificate of Innocence after your conviction is vacated or you receive a pardon based on innocence.
What if I missed the filing deadline?
Contact us immediately. In some circumstances, exceptions to deadlines exist—particularly for claims of actual innocence or fundamental miscarriages of justice. Don’t assume it’s too late without consulting an attorney.
What are my chances of success?
Honest answer: Post-conviction relief is difficult to obtain. Courts presume convictions are valid. However, with strong evidence of constitutional violations, ineffective counsel, or actual innocence, success is possible. We’ll give you an honest assessment after reviewing your case.
Related Defense Services
Attorney Williams handles all aspects of criminal defense:
Criminal Defense
Currently facing criminal charges? We provide aggressive defense for all felony and misdemeanor charges throughout central Illinois.
DUI Defense
Arrested for DUI? Time is critical. You have only 46 days to request a hearing to save your driver’s license.
Don’t Give Up—There May Still Be Hope
If you’ve been wrongfully convicted or believe your rights were violated, call now for a confidential consultation. We’ll review your case and tell you honestly whether post-conviction relief is possible.
Call (309) 999-1177 Now30 Years Experience • 14 Counties Served • Complex Appeals Handled