How Can I Appeal a Criminal Conviction I Have Received in Wisconsin?

Many times, criminal cases do not even go to trial. People often utilize plea bargains or other deals to help avoid some of the more harsh penalties that can come with certain criminal convictions. However, if the case does proceed to trial, the fate of the person then rests with the jury. Once both sides have presented their cases and the jury is given all of the evidence, they are then responsible for returning a verdict. However, this verdict is not always favorable. If you are convicted of a crime and you believe your conviction is unjust, you may be able to request an appeal to have your case looked at again.

Filing a Criminal Appeal

In the legal world, time limitations are extremely important. In criminal cases, appeals will only be accepted if they are filed within 20 days of the date you were sentenced or the final judgment. Once the clerk of the circuit court receives your Notice of Intent to Pursue Postconviction or Postdisposition Relief, they will then send you or your attorney various documents and information. You are required to file a Motion for Postconviction or Postdisposition Relief with the circuit court before you can file a Notice of Appeal, unless the appeal is based on insufficient evidence or issues that were previously raised during the case. If you filed a Motion for Postconviction or Postdisposition Relief, you must wait until the circuit court rules on it before you can file a Notice of Appeal.

Results of an Appeal

The appellate court is then tasked with the responsibility of examining all of the information supplied to them by both parties. The appellate court will make its decision and then put the decision into a document called an “opinion.” The opinion is then mailed to both parties, containing the basic information about the case, the court’s stance as to whether or not the circuit court made a mistake, and the court’s decision. In most cases, there are four possible outcomes of an appeal. The appellate court could:

• Agree with the circuit court’s decision and affirm the conviction

• Order the circuit court to retry the person in a completely new trial

• Modify the ruling of the circuit court

• Throw the court ruling and/or case out completely

Contact a Waukesha County Criminal Appeals Attorney

Many people have full faith in the criminal justice system, but the system is not perfect and does not always come up with the correct results. All individuals who have been convicted of a crime have the right to appeal their convictions. At Bucher Law Group, LLC, we can help you determine whether or not an appeal is appropriate. Our team of skilled New Berlin, WI criminal appeals lawyers is here to help you exercise your constitutional right. To schedule a free consultation, call our office today at 262-303-4916.

Sources:

https://www.wicourts.gov/publications/guides/docs/proseappealsguide.pdf