Post-Conviction Relief in Illinois: Your Questions Answered by a Chicago Post-Conviction Lawyer
You can still challenge a conviction after the direct appeal ends. A Chicago post-conviction lawyer answers the questions clients ask most.
What is post-conviction relief?
Post-conviction relief is a legal process that lets a convicted person challenge their conviction or sentence after the direct appeal is over, or was never filed. In Illinois, the primary vehicle is a petition under the Post-Conviction Hearing Act (725 ILCS 5/122-1), which addresses substantial violations of constitutional rights such as ineffective assistance of counsel, prosecutorial misconduct, or newly discovered evidence of innocence.
How is post-conviction relief different from an appeal?
A direct appeal argues that errors appear in the existing trial record. A post-conviction petition can go outside the record, presenting new evidence, affidavits, and facts the appellate court never saw. That is why claims like ineffective assistance of counsel are often stronger in post-conviction proceedings than on direct appeal.
Do I need a post-conviction lawyer?
You can file a pro se petition, but post-conviction law is procedurally unforgiving: Illinois courts summarily dismiss first-stage petitions they find frivolous or patently without merit, and claims left out of your first petition are waived unless a court excuses the omission. An experienced post-conviction lawyer knows how to frame claims to survive first-stage review and preserve every available ground. David Lewarchik’s background as a former appellate court staff attorney and judicial clerk means he has seen how judges evaluate these petitions from the inside.
What are the deadlines for post-conviction petitions in Illinois?
If a direct appeal was filed, the general rule is six months measured from the end of the period for seeking further review: count 90 days from the Illinois Supreme Court’s decision (the window for seeking certiorari in the United States Supreme Court), then add six months. If no direct appeal was filed, the deadline is three years from the conviction date. Delays may be excused where they were not due to the petitioner’s culpable negligence, and claims of actual innocence may be raised at any time. Because these rules are fact-specific and strictly enforced, talk to a lawyer promptly.
How much does a post-conviction lawyer cost?
Costs vary with the complexity of the case: the length of the trial record, whether investigation or expert affidavits are needed, and how far the petition proceeds, from first-stage review through a third-stage evidentiary hearing. Lewarchik Law LLC offers a free consultation to review your case and explain what your matter would involve before you commit to anything. Contact us or call 312-517-3877 (Illinois) or 313-312-8484 (Michigan).
What about Michigan? What is a 6.500 motion?
Michigan’s equivalent is a motion for relief from judgment under Michigan Court Rule 6.500. It allows people convicted in Michigan to raise claims that were not, and could not have been, raised on direct appeal. Michigan generally allows only one 6.500 motion, so you must get it right the first time. Lewarchik Law LLC handles 6.500 motions statewide from its Plymouth, Michigan office.
What happens if my petition succeeds?
Depending on the claims, relief can include a new trial, a new sentencing hearing, or in rare cases outright vacatur of the conviction. In People v. Brown, 506 Mich. 440 (2020), the Michigan Supreme Court unanimously granted Mr. Lewarchik’s client a new trial because of prosecutorial misconduct.
Talk to a Chicago post-conviction lawyer today
Your case starts with an honest assessment of the record. Lewarchik Law LLC serves clients in Illinois, Michigan, and nationwide from offices in Chicago and Plymouth, MI. Schedule a free consultation: 312-517-3877 (IL) or 313-312-8484 (MI).
