Securing Your Freedom After A Wrongful Conviction In Chicago
Illinois prisons see thousands of people behind bars for a variety of crimes. Unfortunately, the prison population also includes those who were wrongfully convicted of a crime and now face tough sentences and impacts on every facet of their lives. Whether misconduct, lack of evidence or faulty procedures led to your wrongful conviction, you need an experienced attorney to work with you on your exoneration.
If you or a loved one was wrongfully convicted, our attorneys at the Law Office of Stephen L. Richards can help you fight for your rights and freedom. They have over three decades of experience assisting clients in Chicago and throughout Cook County. Attorney Stephen L. Richards is on the national register of exonerations for at least four of his clients in Illinois.
A Wrongful Conviction In Cook County Can Impact The Rest Of Your Life
A wrongful conviction doesn’t only impact your freedom. Even after your release from prison, you will have a permanent criminal record that can make it difficult to find and keep employment, housing and certain licenses. If you were wrongfully convicted of a felony, you may lose your right to vote and own firearms.
At the Law Office of Stephen L. Richards, our lawyers will help you fight your wrongful conviction to gain back your freedom and a chance at a future. They will thoroughly reinvestigate your case by examining the circumstances of your arrest and your trial record, including DNA and forensic evidence. Whether our attorneys discover prosecutorial misconduct or new evidence and information, they will pursue every pathway possible to exonerate you and clear your name.
Your Next Steps After A Wrongful Conviction
Challenging a wrongful conviction can quickly become complicated and requires the assistance of an experienced wrongful conviction attorney to help you achieve a favorable outcome. If you have been wrongfully convicted, our lawyers will meet with you to help determine your next steps.
The key to proving innocence after a wrongful conviction is to find as much evidence as possible to support your claim. There are multiple pathways to exoneration, including a certificate of innocence, a 21401 petition and pardon, and, if you do not qualify for a 21401 petition, artisan clemency. Only individuals not currently in prison can qualify for a 21401 petition to vacate a proceeding.
A certificate of innocence is a form of post-conviction relief that can remove the conviction from your criminal record and make a note that you never should have had a record in the first place. It also allows you to sue the state for damages. The Illinois Post-Conviction Hearing Act allows anyone who has been wrongfully convicted of a felony and sentenced to prison can bring a petition for a certificate of innocence. At the Law Office of Stephen L. Richards, our wrongful conviction attorneys will help you through every step of the process, including proving your innocence.
Answers To Frequently Asked Questions About Wrongful Conviction Litigation
You may be wondering about your rights and legal options following a wrongful conviction. Below, we’ve answered some of the most common questions asked by prospective clients.
Is it possible to overturn a wrongful conviction in Illinois?
Yes, it is possible. But, as we described earlier on this page, it can be a long and challenging process. The options available will depend on the details of your case, whether you are still in prison and other factors. Suffice it to say, seeking to overturn your conviction can feel very difficult or even impossible to achieve on your own. You need the help of a knowledgeable advocate.
I was wrongfully convicted – who can help me fight to clear my name?
It’s critical that you find the right attorney to represent you. All criminal defense lawyers have at least some knowledge of appellate options and procedures for seeking exoneration, but most lack the skills and experience to be effective with post-conviction matters. You’ll want to contact a wrongful conviction attorney like ours. They are passionate about seeking freedom and restitution for the wrongfully convicted, and they have an in-depth understanding of the relevant laws.
Is there compensation available for victims of wrongful conviction in Illinois?
Yes, there is, if the wrongfully convicted person has obtained a certificate of innocence from the circuit court where their conviction occurred or a pardon from the governor of Illinois. Under the current system, qualifying exonerees can claim compensation based on the total number of years of false imprisonment:
- $85,350 for up to five years of wrongful imprisonment
- $170,000 for wrongful imprisonment of five to 14 years
- $199,150 for wrongful imprisonment lasting more than 14 years
Exonerees may also be eligible to have a portion of their attorney fees covered.
Can I file a lawsuit related to my wrongful conviction?
Yes. In fact, to obtain the compensation discussed above, it is usually necessary to file a lawsuit under the Illinois Court of Claims Act.
How much time do I have to take action on a wrongful conviction lawsuit?
Generally, you have about two years from acquittal or the dismissal of the indictment to obtain a certificate of innocence and to file a claim. There are some exceptions to this timeline, so please speak with one of our Chicago false imprisonment attorneys to fully understand your legal options.
Let’s Work Together On Your Exoneration
If the criminal justice system failed you and you were wrongfully convicted of a crime you did not commit, you still have options to fight back. With over 38 years of experience, our Chicago false imprisonment attorneys at the Law Office of Stephen L. Richards have earned a reputation for success in exonerating our innocent clients.
To learn more about how our team can help you or your loved one, call us locally at 773-467-7079 or contact us online to schedule a free consultation.