Petition For Certificate Of Innocence {CCCR 0715} | Pdf Fpdf Doc Docx | Illinois

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Petition For Certificate Of Innocence {CCCR 0715} | Pdf Fpdf Doc Docx | Illinois

Petition For Certificate Of Innocence {CCCR 0715}

This is a Illinois form that can be used for Criminal within Local County, Cook.

Alternate TextLast updated: 2/27/2012

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Petition for a Certificate of Innocence IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS PEOPLE OF THE STATE OF ILLINOIS or Print Form Clear Form (10/5/11) CCCR 0715 _______________________________________________________, v. No. ____________________________ _______________________________________________________, Defendant/Petitioner PETITION FOR A CERTIFICATE OF INNOCENCE The Defendant/Petitioner petitions the Court for a Certificate of Innocence pursuant to 735 ILCS 5/2-702. In support of this verified petition, the Defendant/Petitioner states that s/he will establish by a preponderance of the evidence that: 1. I was convicted of one or more felonies in the above captioned case by the State of Illinois in the County of Cook and was subsequently sentenced to a term of imprisonment and have served all or any part of the sentence; and 2. My judgment or conviction was reversed or vacated, and the indictment or information dismissed or, a new trial was ordered and either I was found not guilty at the new trial or I was not retried and the indictment or information was dismissed; or the statute, or application thereof, on which the indictment or information was based violated the Constitution of the United States or the State of Illinois. 3. My indictment or information was dismissed or I was acquitted, and I am filing the Petition within 2 years of the dismissal of the indictment or information, or acquittal; 4. I am likely to succeed at trial in proving that I am innocent of the offenses charged in the indictment or information, or my acts or omissions charged in the indictment or information did not constitute a felony or misdemeanor against the State; 5 I did not, by my own conduct, voluntarily cause or bring about my conviction; 6. I have attached to this verified Petition documentation demonstrating the statements in paragraphs 1-5, above. 7. I understand that the decision to grant or deny a Petition for a Certificate of Innocence shall be binding only with respect to claims filed in the Court of Claims and shall not have res judicata effect on any other proceedings. 735 ILCS 5/2-702(j); 8. I understand that I must serve a copy of this Petition on the Attorney General and the State's Attorney of the county where the conviction was had. 735 ILCS 52-702(e); 9. I understand that in the event my Petition is granted and Certificate of Innocence Order is issued, the Clerk of the Circuit Court will transmit a copy of the certification, together with the current address, to the Court of Claims. WHEREFORE, the Petitioner prays that the court find the Defendant/Petitioner is innocent of all offenses for which s/he was incarcerated in the above-stated case number(s) and grant a certificate of innocence. _____________________________________________ Signature of Defendant/Petitioner VERIFICATION BY CERTIFICATION Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure, 735 ILCS 5/1-109, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that s/he verily believes the same to be true. Date: ________________________, ___________ Atty. No.: _________________ Attorney (or Pro Se Petitioner): Pro Se 99500 ______________________________________________ Signature of Petitioner Name: _____________________________________________________ Address: _________________________________________________ City/State/Zip: ______________________________________________ Telephone: __________________________________________________ DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

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