SECTION 2-1401 PETITION
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A section 2-1401 petition is a remedy from the Rules of Civil Procedure that is also applicable in Illinois criminal law. Section 2-1401 petitions are also known as a petition for relief from judgment. The applicable law related to Section 2-1401 petitions is found at 735 ILCS 5/2-1401. The purpose of a Section 2-1401 petition is challenge final orders, judgments, and decrees by presenting to the trial court’s attention matters of fact that were unknown at the time the court made the judgment. However, petitions for relief from judgment are not designed to provide a general review of all trial errors or as a substitute for direct criminal appeal.
The Section 2-1401 petition must allege a meritorious defense or claim, due diligence in presenting the defense or claim, and due diligence in filing the petition. Even if these conditions are met, the petitioner must still show that the defense or claim affected the entry of the judgment. In other words, to succeed in a petition for relief from judgment the petitioner must establish that he or she was prejudiced. Section 2-1401 proceedings are not an appropriate forum for ineffective-assistance claims because such claims do not challenge the factual basis for the judgment.
Petitions for relief from judgment are filed more than 30 days after the entry of the judgment. However, Section 2-1401 requires that all petitions must be filed within two-years from the judgment or order. The two-year period is waived if the petitioner can establish that he or she was under legal disability or duress or the grounds for relief were fraudulently concealed. Additionally, like must post-trial issues, the time-period does not apply if the judgment being challenged is void.
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Our mission is to make you feel like you are our most important client. After all you deserve nothing less.
A dynamic result occurs when honesty and integrity is combined with skill and experience.
At all times we will treat you how we would want to be treated and we will tell you everything we would want to know if our roles were reversed.
Chicago 2-1401 Petition Attorney
Why Choose Us
You are our number one priority and our goal is to make you feel that everyday.
Former prosecutor in Cook County one of the largest prosecutorial offices in the world.
We will always talk to you and we will never talk at you.
Relentless advocate who is not afraid to fight the government.
We will always strive to be the advocate you can trust.
What Client’s Say
I can’t say enough great things about Omar Jaleel. I hired Omar to help a family member, who suffers from addition, ordered to a rehab facility for 15 months instead of being sentenced to jail. It took some time but he was dedicated and made it happen. A very difficult task in an overcrowded judicial system. Thank you for everything Omar.
Excellent attorney. Accountable. Always shows on time. Strives for customer needs and wants. You feel like you are really backed during the entire process.
Outstanding legal representation. Omer’s experience and expertise was truly an asset that payed dividends and prevented a disastrous outcome. I would highly recommend him to my friends and families without any hesitation.