Experts who uncover errors, spot what others missed—and fight to set things right.
Post-conviction relief is your opportunity to challenge a criminal conviction or sentence after the trial and any direct appeals have ended. Governed by the Illinois Post-Conviction Hearing Act (725 ILCS 5/122-1), this process allows people who believe their constitutional rights were violated — perhaps because of ineffective counsel, new evidence, or trial errors — to ask a court to reconsider the fairness of the original process and correct injustices.
Unlike a direct appeal (which reviews what happened at trial), post-conviction relief opens the door to issues that were not — or could not reasonably have been — raised earlier.
Illinois uses a strict three-stage post-conviction process that includes a 90-day initial review, potential dismissal by the State, and a full evidentiary hearing. Successful petitions can result in a new trial, a reduced sentence, or even overturning a conviction altogether.
At Brownstone Law, we provide comprehensive appellate and post-conviction representation in Illinois, including Cook County, DuPage County, Kane County, Will County, and all regions served by the First, Second, Third, Fourth, and Fifth Illinois Appellate Districts.
Our Illinois-focused services include:
We file petitions under Illinois post-conviction law to challenge convictions or sentences when constitutional or procedural errors occurred — such as ineffective assistance of counsel, newly discovered evidence, or other due process violations.
When state remedies are exhausted, we can pursue federal habeas corpus petitions in the U.S. District Courts for the Northern, Central, and Southern Districts of Illinois— seeking relief under federal law for constitutional violations that occurred during trial or state appeal.
If your case still lies within the timeframe for a regular appeal, we handle criminal appeals at both state and federal levels, identifying trial errors and preparing persuasive briefs and oral arguments.
When new evidence emerges or there are legal grounds for reducing a sentence, we can file motions seeking a new trial or a modified sentence to correct an unjust verdict or excessive punishment.
In cases where legal appeals are no longer possible or practical, we can assist with clemency or pardon applications through the Illinois Prisoner Review Board — offering another path to relief when traditional appeals or motions are exhausted.
Additionally, we handle a broad spectrum of appellate work — not just criminal — including civil appeals, business disputes, white-collar and federal criminal appeals, and complex commercial litigation.
To file a post-conviction petition in Illinois, timing matters. Key deadlines depend on your circumstances:
(Exceptions may apply — for example, if new evidence is discovered or there were extraordinary circumstances preventing earlier filing.)
Although Brownstone is a national appellate firm, we are licensed and equipped to handle both state and federal cases. We understand the unique procedures of Illinois circuit courts, Illinois appellate districts, and the federal courts serving Illinois.
Brownstone Law is an appeals-only law firm — we do not handle trial work. This means every attorney on your case is a trained appellate strategist familiar with Illinois appellate procedures, deadlines, and standards of review.
Our attorneys have handled hundreds — and in many cases, thousands — of appeals and post-conviction petitions in state and federal courts. We’ve represented clients nationwide, including in complex criminal matters, civil cases, white-collar defense, and Supreme Court appeals.
We don’t just take on appeals — we start with a full, detailed review of every case. That includes trial transcripts, sentencing records, motions, evidentiary issues, and any potential constitutional claims. This meticulous evaluation helps us build the strongest possible strategy for each client.
Then we assess whether you have viable grounds for a state post-conviction petition, federal habeas petition, or other motions such as new trial or sentence reduction.
Even though Brownstone’s main office is based outside Illinois, we handle post-conviction and appellate matters for clients throughout the state.
We are equipped to serve clients in major cities and their surrounding areas, including:
We accept cases from all Illinois counties — including Cook, DuPage, Will, Kane, Lake, Winnebago, Sangamon, Peoria, and more.
Brownstone Law’s appellate reach spans the entire United States. Our firm regularly handles appeals — both civil and criminal — in many states and all federal appellate circuits, including:
Our experienced attorneys will review your case and provide feedback on your appeal options at no cost.
If you believe your Illinois conviction or sentence may have been obtained unfairly, or if there are valid grounds for post-conviction relief — don’t wait.
For a free, confidential consultation:
Post conviction relief is a legal process that allows individuals convicted of a crime to challenge their conviction or sentence based on constitutional violations. It is different from a direct appeal, as it focuses on issues that may not have been raised during the trial or appeal, such as ineffective assistance of counsel, newly discovered evidence, or due process violations.
The Illinois Post-Conviction Hearing Act (725 ILCS 5/122-1) provides a legal mechanism for convicted individuals to seek relief if they believe their constitutional rights were violated during their trial, sentencing, or appeal.
A person who has been convicted of a crime in Illinois and is either incarcerated, on parole, or subject to probation may file a post conviction petition if they claim that their constitutional rights were violated in the original case.
Under the Illinois Post-Conviction Hearing Act:
Generally, the deadline is strict, but exceptions exist for claims involving newly discovered evidence, lack of access to legal resources, or other extraordinary circumstances. However, a petitioner must prove "cause and prejudice" for filing late.
A petitioner may file for post conviction relief based on:
The petitioner must provide affidavits, documents, or other credible evidence supporting the constitutional claim. If the petition lacks sufficient evidence, it may be dismissed at an early stage.
Illinois follows a three-stage process for post conviction petitions:
2. Second Stage:
3.Third Stage (Evidentiary Hearing):
Illinois law generally limits petitioners to one post conviction petition unless new evidence is discovered or the law changes in a way that affects the case.
While a petitioner can file a post conviction petition without an attorney (pro se), having an attorney greatly increases the chances of success. Post conviction cases are complex and require legal knowledge, especially if they reach the evidentiary hearing stage.
If the court denies a post conviction petition, the petitioner may appeal the decision to a higher court. The appeal process depends on whether the case was dismissed in the early stages or denied after an evidentiary hearing.
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