Sometimes even the most experienced and skilled criminal defense attorneys’ objections are overruled at trial and a mistake is made by the judge. While the situation may seem dire, the issue may be appealed and an appellate judge may set aside the verdict and require a new trial.
Charles Hardig has recently been given the chance for a new trial after a 2006 murder conviction, for example. Mr. Hardig was convicted by a jury that deliberated very late into the night. The defense attorney called the judge at 1 a.m. on the night of jury deliberations and argued that the deliberations should be ended for the day since it was clear that at least one juror had the position of not guilty and might be pressured by the time of day and length of that deliberation session. The judge overruled the defense attorney’s objection but the appellate court agreed with defense counsel, overturned the conviction, and ordered a new trial.
During the retrial, Mr. Hardig will need the skill and expertise of experienced criminal defense attorneys just as much as he did during his first trial. It was his attorney’s objection and 1 a.m. telephone call that preserved Mr. Hardig’s right to appeal the jury deliberations and allowed Mr. Hardig the chance for a new trial. His counsel during retrial will need to effectively argue that he is not guilty of the murder for which he has been charged.
If you have been charged with a crime, it is important to seek the advice of an Illinois criminal defense attorney as soon as possible to ensure that all of your rights are protected.