SUCCESSIVE POST-CONVICTION PETITION
We Are Here To Serve You
Someone convicted of a crime is only entitled to file one post-conviction petition. Any post-conviction petition that is filed and ruled upon by a trial judge is considered as the one post-conviction allowed by Illinois law. This rule applies even if the initial post-conviction petition is dismissed because of technical violation such as an improper notarization on the affidavits that are required to be filed along with the post-conviction petition. Even more daunting to the prospects of a successive post-conviction petition, the doctrines of res judicata and collateral estoppel prevent raising issues that could have been raised earlier and those issues that have already been raised. Because only one petition is allowed by law it is imperative that the initial post-conviction petition is thoroughly researched, investigated, and briefed.
Although there is no right to file more than one post-conviction, successive post-convictions are allowed if a trial court first grants leave to file a successive post-conviction petition. In other words, a trial court must give permission to file a successive petition before the successive petition can be filed in court. To gain leave to file a successive petition, the petitioner must establish cause and prejudice.
Under the cause and prejudice standard, the petitioner must establish that there was a just reason excusing the failure to raise the issue in the direct criminal appeal or in the initial post-conviction petition and that the petitioner suffered prejudice. The cause and prejudice requirement are excused when fundamental fairness requires or to prevent a miscarriage of justice. At a minimum, Illinois courts have held that a free-standing claim of actual innocence excuses the cause and prejudice requirement allowing a successive post-conviction petition without the need to establish cause and prejudice.
Why Are We The Best?
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 Successive Post-Conviction 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.