My fiance' is waiting for his appeal to be heard.. we are trying to see what all we need to b doing to try and speed this up. 2 of the other men on this case with him have signed affidavits stating that he had nothing to do with what happened. We are trying to find a lawyer who is willing to help us do allwe need to do to get him back in court. his case is a mess and we need all the help we can get!!!!!!
To begin with, if you stated that there is a pending appeal and you are trying to seed things up these are a bit contradictory statements, because in any appealed case you want exactness and precision, not speed or haste, as many personal and legal rights, including one's freedom may be at stake.
There are many excellent appellate level criminal defense attorneys in Chicago. For a reference you may call the Chicago Bar Association Referral Section or simply ask around for an adequately competent counsel to handle your case.
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The first person to discuss this with is your fiance's attorney. You should understand that a criminal appeal in Illinois moves slowly, partly because of the detailed and careful work that needs to be done by both the attorneys and the judges and partly because of the large backlog of cases in the system. The process can easily take over a year and there is not much that an attorney can do to speed things up and, as one of my colleagues already noted, quality is a lot more important than speed in this kind of work.
The affidavits of the co-defendants are totally useless on appeal. They might be of some help in a collateral petition, but not very much. There isn't a prisoner in this system who couldn't get affidavits like that, and many of them do. Courts are not impressed.
If your fiance' already has an attorney it is difficult to see what changing counsel could accomplish.
I wish you good luck.
Criminal Defense Attorney
Affidavits of witnesses not known at the time of trial (or from witnesses who did testify) can serve as a basis for a post-conviction petition. It may also be that his appellate briefs need to be amended if they were drafted pro se. A great deal more information is needed to determine what course of action would be most effective in seeking reversal of the conviction and/or a new trial. Most of us provide free consultation. www.galivanlaw.net
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I have handled 100s of appeals and you must understand that nothing you can do will speed up the process. As far as the affidavits are concerned, you can't use them on an appeal because the record the appellate court considers is solely what was admitted in the trial court. Instead, you must file a post conviction petition or a 2-1401 petition - likely the latter. And you should begin by discussing all of these valid concerns with your fiance's trial attorney.
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