Category Archives: Personal Injury Chicago

Assault Appeals: When Should You Consider Filing an Appeal

Assault charges can result in serious consequences. Even if your sentence does not require extended jail time, an assault conviction can remain on your record and may come with large fines and fees. Whether a misdemeanor or felony charge, it could impact your employment and housing options, as well as other areas of your life. […]

David Lewarchik Mar 02, 2017

Assault AppealsAssault charges can result in serious consequences. Even if your sentence does not require extended jail time, an assault conviction can remain on your record and may come with large fines and fees. Whether a misdemeanor or felony charge, it could impact your employment and housing options, as well as other areas of your life. If you were convicted of assault, you need representation from an experienced criminal appeal lawyer like David Lewarchik. He has helped countless clients pursue their assault appeals, and he can do the same for you. Contact our Chicago, IL practice for a case evaluation.

Common Reasons to Appeal an Assault Conviction

1. New Evidence

If new evidence or witnesses come to light after you are convicted of assault, you can appeal to present this new evidence. Of course, there are limitations on the presentation of new evidence, so you need a skilled attorney to help you understand when and where you can use this evidence.

2. Improper Admission of Evidence

Not all evidence is admissible in court. If the court admitted evidence that should not have been used, you may be able to appeal your case and get a new trial based on this error. The inadmissible evidence cannot be used against you in the new trial.  

3. Violation of Rights

A criminal appeals lawyer like Mr. Lewarchik will carefully review all aspects of your case to determine if there was any violation of your constitutional rights throughout the process. These violations may occur at the time of the arrest or during trial.

4. Appeal a Sentence

If you take a plea deal from the prosecution, you generally give up all rights to appeal your case. However, you may have the opportunity to appeal the sentence you receive, provided you did not give up that right in the deal. These types of appeals are even more complex, so you should seek expert legal counsel.

5. Ineffective Assistance of Counsel

The Sixth Amendment states that all defendants have a right to a fair trial and adequate and competent representation. If your original attorney failed to provide you with adequate legal representation, you may be able to appeal on this basis. This is often difficult, as you must prove that your lawyer’s conduct was detrimental to the outcome of your case. If you choose this route, you need a skilled attorney on your side that can examine your original lawyers actions.

Consult with an Assault Appeals Lawyer Today

There are many more reasons to appeal an assault conviction. If you believe you were wrongly convicted of assault, contact Lewarchik Law, PLLC in Chicago, IL. Mr. Lewarchik can discuss your case with you in detail and thoroughly evaluate every aspect to find an appropriate reason to appeal your assault conviction. He is an experienced criminal appeal lawyer who can craft compelling arguments to get you the appeal you deserve. There are limits to the amount of time you have to file an appeal, so don’t wait to set up your free consultation.

Tagged In:
Criminal Law, Appeals

Appeal Shoplifting Charges to Protect Your Rights and Reputation

Every person has a right to fair legal representation when they have been charged with a crime. Unfortunately, in some cases, inadequate legal representation is provided, mistakes are made, or an unreasonable verdict is reached. Any of these situations are grounds for appeal. Mr. David Lewarchik is an experienced criminal appeal lawyer who fights tirelessly […]

David Lewarchik Mar 02, 2017

Hall of JusticeEvery person has a right to fair legal representation when they have been charged with a crime. Unfortunately, in some cases, inadequate legal representation is provided, mistakes are made, or an unreasonable verdict is reached. Any of these situations are grounds for appeal. Mr. David Lewarchik is an experienced criminal appeal lawyer who fights tirelessly to ensure that the rights of his clients are protected.

Even for a seemingly minor crime such as shoplifting, a criminal conviction carries serious consequences, which may include jail time, financial penalties, and a loss of privileges – not to mention a hit to one’s reputation. When justice has not been served, Mr. Lewarchik is happy to file a shoplifting appeal for his Chicago, IL clients so they can fight back against wrongful conviction or excessive sentencing.

Consequences of a Shoplifting Conviction

For many, a shoplifting conviction may not seem like a huge cause for concern. Certainly, there are more serious charges that a person could face. However, a shoplifting conviction still carries serious consequences. Depending on the value of the merchandise taken, and whether this is a repeat offense, a shoplifting conviction could carry penalties including up to seven years of imprisonment and up to $25,000 in fines. Even when a person receives lighter penalties, there are several personal consequences to consider. A shoplifting conviction can make it difficult to find a job, obtain a loan, or apply for an apartment lease.

Filing an Appeal

With so much at stake for those convicted of shoplifting, it is absolutely worth it to consider an appeal if criminal proceedings were unjust, or sentencing penalties were too harsh. Appeal proceedings are difficult and require an extensive understanding of appeal law.

Fortunately, Mr. Lewarchik has the experience and training to help his clients navigate the complex appellate court system. He is one of the most trusted appeal lawyers in the area, and is known for the personalized attention he provides his clients, as well as the time he devotes to each case. Depending on the details of the case, Mr. Lewarchik may be able to appeal a conviction, appeal a sentence, obtain a new case, or have a client’s criminal record expunged. In any case, his primary goal is to ensure his client’s rights are protected.

Appeal Deadline

It is important for convicted shoplifters to understand that there are strict deadlines when it comes to filing an appeal. An appeal for a new trial must be filed within 30 days of a conviction, while a sentence appeal must be filed within 30 days of sentencing. It is vital to act quickly following a conviction so that Mr. Lewarchik has time to gather the evidence necessary to prove the grounds for appeal.

Contact Us

If you believe that you have been wrongly convicted of a crime, or have been unjustly sentenced, it is important to act in a timely manner. Contact us at your earliest convenience to discuss the details of your case and find out how Mr. David Lewarchik can guide you through the appeals process.

Tagged In:
Criminal Law, Appeals

An Overview of Arson Appeals

Attorney David Lewarchik is a skilled criminal appeal lawyer who can help clients successfully appeal an unfavorable decision. He specializes in various types of criminal appeals, including arson appeals, for clients in the greater Chicago, IL area. With proper representation from Mr. David Lewarchik, you can appeal and potentially overturn an arson conviction. In the […]

David Lewarchik Mar 02, 2017

Law book and gavelAttorney David Lewarchik is a skilled criminal appeal lawyer who can help clients successfully appeal an unfavorable decision. He specializes in various types of criminal appeals, including arson appeals, for clients in the greater Chicago, IL area. With proper representation from Mr. David Lewarchik, you can appeal and potentially overturn an arson conviction. In the event that the prosecutor is appealing a previous decision in your favor, he can also provide representation to maintain the previous decision.

First Degree Arson

If convicted of first degree arson, the prosecutor has proven that you:

  • Caused intentional damage to a building or vehicle by starting a fire or an explosion
  • Seriously injured another party by causing the fire or explosion
  • Damaged the building or vehicle for monetary gain

Second and Third Degree Arson

Convictions of second and third degree arson typically do not involve injury to another or damage for profit. Instead, these convictions focus primarily on the reckless damage caused to a building or vehicle.

Reasons for Arson Appeals

A decision in an arson case can be appealed for several different reasons by either the prosecutor or the defendant. The primary reason a prosecutor would appeal a case is if he or she did not secure the level of conviction desired, or failed to secure a conviction at all. If a prosecutor decides to appeal the original decision in your case, you need an expert appeals attorney to provide you with strong legal defense.

Any degree of arson conviction can lead to months or years in jail or prison, thousands of dollars in fees, and more. It can significantly hinder your ability to obtain gainful employment and to find housing. If you were convicted of arson, you should appeal your conviction. A skilled appeals attorney like Mr. David Lewarchik can build a strong case to successfully overturn the original conviction.

How a Criminal Appeals Lawyer Can Help

A criminal appeals lawyer like Mr. David Lewarchik will build a strong case in your favor by questioning the evidence produced by the prosecutor. He can thoroughly investigate and reconstruct the fire if necessary to prove that the fire was either accidental, or was caused by someone or something else.

He will also thoroughly review the previous proceedings down to the minutest details. If he uncovers evidence that you were deprived of a fair trial or other errors occurred in the process, he will use those in his defense. Other tactics he may use in your defense may include the inexperience of your attorney or a biased jury.

Arson appeals are a serious matter that must be handled by an experienced and skilled criminal appeals attorney. It is often not recommended that you work with your original attorney, especially if there are questions regarding his or her experience or competency. An appeals lawyer such as Mr. David Lewarchik will fight for your right to a fair trial and will diligently protect all your rights.

Schedule a Case Evaluation Today

If you were convicted of arson and want to appeal your conviction, or you were not sentenced and the prosecutor now wants to appeal the original decision, contact our law firm today to set up a case evaluation.

Tagged In:
Arson, Appeals

Successful Burglary Appeals Require an Experienced Attorney

If you have been wrongly convicted for burglary, you need the representation of a skilled and experienced criminal appeal lawyer such as Mr. David Lewarchik. He specializes in criminal law and can develop a strong and persuasive case for your burglary appeal in the Chicago, IL area. He will analyze every element of your case […]

David Lewarchik Mar 02, 2017

Scales of justiceIf you have been wrongly convicted for burglary, you need the representation of a skilled and experienced criminal appeal lawyer such as Mr. David Lewarchik. He specializes in criminal law and can develop a strong and persuasive case for your burglary appeal in the Chicago, IL area. He will analyze every element of your case to build the most convincing appeal possible. In the state of Illinois, a burglary conviction can result in up to 15 years in prison. To successfully appeal your conviction, you need a skilled attorney on your side.

What Classifies as Burglary?

The state of Illinois defines burglary as consciously entering a building, motor vehicle, aircraft, and the like, without consent and with the intent to commit a crime. Residential burglaries are often classified as Class 1 Felonies and may result in a prison sentence of up to 15 years.

Burden of Proof

It is the prosecutor’s burden to prove beyond a reasonable doubt that you are guilty of burglary. This means proving your unauthorized entry of a building or dwelling, as well as proving you intended to commit a crime once inside the building.

Common Defenses Against Burglary Charges

The most common defense in burglary cases is one of innocence. Other defenses may include affirming presence in the building or dwelling, but stating you had prior authorization from the owner. This defense is especially effective if the owner gave you authorization at one time and never explicitly revoked your access. Another common defense is to prove you had no intention of committing a crime. While proving lack of intent may not result in a drop of the charges entirely, it could result in a significant reduction of the charges against you.

Building a Convincing Appeal

To successfully appeal a burglary conviction, Mr. Lewarchik must analyze every aspect of your case. This includes looking at all the evidence against you, as well as evaluating your arrest, pre-trial hearings, the trial, and conduct of the prosecution. If needed, he may conduct his own investigation, gathering new evidence that may have been overlooked, and collecting additional eyewitness statements.

It is also crucial for him to evaluate the conduct of the arresting officer(s) and the prosecuting attorney. Any mishandling of evidence or misconduct by either party could lead to a successful appeal. He will also assess the competence of your prior legal counsel. An incompetent or inexperienced attorney may have overlooked critical elements to the case, or offered bad advice.

By closely analyzing each of these elements, Mr. Lewarchik can develop a strong and convincing appeal on your behalf. While it may not result in a complete discharge of your conviction, it could result in a reduced sentence. You are also likely to receive credit for time already served, which gets you back home to your family and back to work sooner, easing the financial burden you may have felt.

Book Your Case Evaluation

If you were convicted for a burglary you did not commit, contact our law firm today to schedule a case evaluation with Mr. Lewarchik.

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Burglary

Drug Trafficking and Distribution Appeals

Drug trafficking and distribution are serious felonies that bring both federal and state laws into play. If you have been convicted of drug trafficking and distribution, you need to realize that your criminal defense is at a crossroads. The next step you take will help to determine whether you earn back your freedom or spend […]

David Lewarchik Mar 02, 2017

The entryway to a courthouseDrug trafficking and distribution are serious felonies that bring both federal and state laws into play. If you have been convicted of drug trafficking and distribution, you need to realize that your criminal defense is at a crossroads. The next step you take will help to determine whether you earn back your freedom or spend the foreseeable future paying for a wrongful conviction. Time, unfortunately, is not on your side. You need a criminal appeal lawyer with experience and a history of success in handling cases just like yours on your side, and you don’t have a moment to lose.

Mr. David Lewarchik is a specialist in criminal appeals law, with the skills, experience, resources, and knowledge to handle even the most complex drug trafficking and distribution appeals successfully. Serving clients from two locations, including Chicago, IL, Mr. Lewarchik provides his clients with the close, personal attention required to present the strongest, most compelling criminal appeals cases on their behalf.

If you have been convicted of drug trafficking and distribution, or if you are dissatisfied with some part of the decision made by the lower court, you need to entrust your case to a criminal appeals lawyer who will not only fight for your rights, but do so with confidence, vigor, and a comprehensive knowledge of the law. We urge you to contact Lewarchik Law today for an evaluation of your drug trafficking and distribution appeal case.

The Burden of Proof in Drug Trafficking and Distribution Cases

Drug trafficking and distribution cases carry a significant burden of proof on the part of the prosecutor, as these cases are far more serious than drug possession cases. When defendants are found guilty, they can face sentences of up to 30 years or even longer in prison and fines in the tens of millions of dollars.

In order to prove that a defendant is guilty of drug trafficking, the prosecutor must present evidence that the defendant possessed the required amount of illegal drugs, had awareness of the fact that the drugs were illegal, and had control or possession of where the drugs were located. In order to prove that a defendant is guilty of drug distribution, the prosecutor must further prove that the defendant had the intention to sell or otherwise distribute the drugs, usually through circumstantial evidence. The amount of drugs and type of drugs will both factor into the potential sentence, with both federal and state laws coming into play.

Preparing the Appeal

In preparing an appeal, Mr. Lewarchik works closely with the client to examine every possible circumstance from the time of arrest to the close of the previous hearing for possible errors. He takes into consideration the conduct of the prosecutor, the assistance of previous counsel, the handling of evidence, newly discovered evidence, improper evidentiary ruling by a trial judge, and the conduct of the jury, among other elements to prepare the most airtight appeal possible.

Arrange for Your Case Evaluation Today

To arrange for your case evaluation, please contact Lewarchik Law today.

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Drug Offenses