Violations of constitutional rights such as ineffective assistance of counsel, improperly obtained statements and confessions, improperly gathered evidence, and other factors that result in an unlawful conviction or improper sentencing can be the basis of an appeal and clemency process that results in a new trial. At the Law Offices of Salvatore C. Miglore & Associates, we handle appeals and clemency cases on behalf of clients convicted of murder, capital murder, and other violent crimes.
Our law firm has extensive experience with criminal cases complicated by issues related to fitness to stand trial, mental illness, and insanity. As a judge’s law clerk, Attorney Miglore researched and drafted for a judge the opinion in the 1979 case of Donald Lang, applying the new decision standards for fitness to stand trial that require judges to rule on a defendant’s ability to understand the proceedings and meaningfully participate and communicate with his or her attorney.
A defendant who is found unfit to stand trial cannot be tried. A defendant who is found guilty and mentally ill is held accountable for his or her actions and receives mental health treatment in prison. A defendant found to be insane is not legally responsible for his or her conduct and receives treatment at a state mental hospital or other facility.
In preparing appeals and clemency cases, our work is thorough and systematic and designed to reveal constitutional violations and mental health considerations that result in a new trial, a thrown out conviction, or significant mitigation of a sentence. If you believe that you or a family member has been unfairly convicted of and incarcerated for a serious crime, we invite you to contact our law office today for answers to your questions. We serve clients in DuPage, Cook, DeKalb, Kane, Kendall, Will, McHenry and Lake Counties.