Under Wisconsin law, anyone who has been convicted of a state felony or misdemeanor offense has an automatic right to appeal that decision to a higher court. If you have been convicted of a crime, and are looking to appeal that verdict, you no doubt have many questions.
You have the right to challenge your conviction with the Wisconsin Court of Appeals, but before you do you should make sure that you have legitimate grounds for the possible modification or reversal of your sentence.
What is an Appeal?
In the legal sense, an appeal is a challenge to a previous legal decision that you and your attorney will bring before a higher court than the one which made the previous decision. You can appeal the conviction itself, arguing that you should not have been found guilty, or the sentence, arguing that it does not fairly represent punishment for the crime.
An appeal can be requested for many different reasons in Wisconsin.
In general, there must be some type of error or good reason that must be presented for the appeal to be considered.
Grounds for Appealing a Criminal Conviction in Wisconsin
While there are certain exceptions, the court of appeals will usually only review your case if you file a notice of intent to pursue post-conviction relief no later than 20 days after your sentencing hearing.
Specifically, you may have grounds to appeal due to:
· Issues with Evidence: This can imply that there had been insufficient evidence in the original trial, or that more evidence has been discovered since the prior verdict was handed down.
· Constitutional Violations: Either by law enforcement or other government officials, this claim states that the defendant’s rights could have been breached.
· Inadequate Representation of the Defendant: This implies that the attorney who represented the defendant in the original trial did not properly fulfill their duty or misrepresented the client.
· False Arrest: There are several legal requirements law enforcement must satisfy to place you in custody. Failure to meet any of them can potentially constitute a false arrest.
How Does the Appeals Process Work?
In the State of Wisconsin, anyone who has been convicted of either a misdemeanor or a state felony is granted an automatic right to appeal. The same applies to civil convictions. Whether a conviction was decided by a jury or by a judge in a bench trial, an appeal can be filed to question the lower court’s decision based on applicable laws, asserting that there were defects or flaws in the initial trial. The Court of Appeals may review any number of procedural matters to find any fault, from mishandled objections to improperly instructed jurors. Likewise, any aspect of the sentencing can be raised to the Court of Appeals.
If the Wisconsin Court of Appeals determines upon review that there is evidence of errors in the circuit court proceedings, they may rule to overturn your conviction, modify your sentence, or order a new trial.
A criminal conviction can have lasting effects on your life, health, and career, and you should never have to suffer through a sentence that was issued in error. If you believe you may have grounds for appeal, contact us today to set up a free consultation. Please contact us by text or phone at (414) 775-7445 or email at laura@jlfwisconsin.com anytime.
*Any articles in the Libra or posted by Jones Law Firm LLC are not legal advice for a particular client or situation. Further no attorney-client relationship is intended or created with this post.*
