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Bucher Law Group, LLC

When Can I File an Appeal for a Criminal Conviction?

Posted on in Criminal Defense

WI defense lawyerAfter going through a criminal trial and hearing the jury return a guilty verdict, discouraged is usually not strong enough of a word to describe how a convicted person feels. Unfortunately, however, the justice system is not perfect, and every year there are people convicted for crimes they did not commit or which are based on shoddy, manipulated evidence. Other times, a criminal defense attorney may have been working for the state and have had such a large number of cases that he or she was not able to provide the defendant with the competent defense they deserved. Whatever the reason, the appeals process for a wrongful conviction is an essential part of the criminal justice system and a Wisconsin criminal appeals lawyer can help you determine whether an appeal is right for you or your loved one.

The Right to Appeal

If your sentence resulted from a guilty plea or a plea bargain, you usually will not have the right to appeal. Appeals can be requested for criminal cases involving a guilty conviction by a judge or jury, but an attorney must submit a request for appeal to a Wisconsin appellate court. The appellate court could do any of the following:

  • Send the case back to court
  • Reverse the conviction
  • Change the sentence
  • Deny the request for an appeal

What the appellate court does will depend on the circumstances of the case and the argument made by the attorney submitting the appeal.

When Can Someone Appeal a Criminal Conviction?

There are several reasons an appeal might be granted, including:

  • Ineffective counsel - If an attorney does not provide competent legal representation throughout every stage of the criminal process, including before trial, an appeal may be granted
  • Juror misconduct - Not just any juror misconduct justifies an appeal, but if a juror concealed bias, refused to deliberate and instead prejudged whether the defendant was guilty, or brought in evidence from inappropriate or forbidden outside sources to try to influence the outcome of a case, the appeal may be granted
  • Legal error - If the jurors were given the wrong instructions, if there was not enough evidence to support a guilty verdict, or if the prosecution wrongfully introduced evidence, an appeal may be granted

Call a Dodge County Criminal Conviction Appeals Attorney

If you believe that you have been wrongfully convicted of a crime, it is important to take action right away. The window for appealing a conviction is usually very narrow and you will need the help of an experienced Milwaukee County, WI criminal appeals lawyer to give you the best shot at getting out of jail. Call Bucher Law Group, LLC today to schedule a free consultation at 262-303-4916.




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