Chicago, IL asked in Appeals / Appellate Law, Civil Rights and Criminal Law for Illinois

Q: Stopped by police without citation in Uber, guns found, plea deal. Options to appeal?

As I was entering an Uber, police approached and questioned if I could proceed. After they allowed me to get into the car, they stopped the Uber 15 blocks later for what they claimed was an investigatory stop. There was no citation issued to either me or the Uber driver, as the stop was solely focused on me. Despite there being initially no proper cause, I was forced out of the vehicle and two guns were found in my backpack. The judge later granted proper cause on the record. I pled to aggravated unlawful use of a weapon, resulting in a 2-year jail sentence, and I'm now appealing to overturn the plea. I have all the police bodycam footage, and part of the incident was streamed on Facebook Live. What options do I have to challenge or appeal this decision, considering the contradictory aspects of the stop and the subsequent verdict?

1 Lawyer Answer

A: The proper thing to do in this situation is to file a Motion to Withdraw your guilty plea, not to appeal. If you wanted to contest the stop, etc., all of that has to be done inside the case, not in an appeal. This is not a DIY type of a case. You need to hire a local lawyer asap.

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