The 4-Step Process To Appeal A Criminal Conviction In Wisconsin

It is possible to appeal a criminal conviction in Wisconsin, but you are required to meet certain conditions and follow specific steps to do so. Complications abound at every stage of the process, which is why it is essential to have a criminal defense attorney representing you. One mistake can cost you your appeal and your freedom.

There are four primary steps to appeal a criminal conviction in the state, which are outlined below.

Steps To Appeal a Criminal Conviction

Once you’ve determined eligibility to file an appeal to a criminal conviction in Wisconsin, there are just four steps in the process.

1. File a Notice of Intent To Appeal or Pursue Post-Conviction Rights. This Notice reserves your right to appeal and must be filed within 20 days of sentencing, so it is essential to act quickly.
2. Explore Other Forms of Relief. Once you have secured your right to appeal by filing the Notice of Intent, you have time to explore other forms of relief, which include motions to withdraw a guilty plea or motions to modify or overturn your sentence. Not every case will have the option to explore other forms of relief; an appeals attorney can help you determine your options. If you do decide to seek another form of relief, you’ll need to file a motion with the circuit court, which will then have 60 days to rule on it.
3. File an Official Notice of Appeal and Prepare Your Brief. If you are moving forward with the appeal, the next step is to file an official Notice of Appeal, which informs the court and the other party of your intention. Once filed, you and your attorney will need to create an appellant brief for the court to review. The appellant brief includes: the facts of your case and grounds for review as well as arguments related to the questions and concerns you are bringing up.

The brief should address specific errors that you believe to have occurred and why each ruling was incorrect. Appellate courts can only decide on issues that you specifically bring before them, so take your time with your brief and make sure it is complete. Your attorney’s experience with appellate briefs will become invaluable at this stage.

4. The Review Process, Hearing, and Determination. A District Court of Appeals has no time restrictions on how quickly they must review an appeal, so be prepared to wait. After the review process, a hearing date might be scheduled or the Court will decide the case based on the briefs filed by the parties. The court can decide to completely affirm, modify, reverse, or remand the case for a new trial.

Hire An Experienced Appeals Attorney From Eisenberg Law Offices

Appealing a criminal conviction is a complicated process that requires an absolute attention to detail and the appeals process. It is not something that is recommended to attempt on your own. You have a much higher chance of winning your appeal of a criminal conviction with help from an experienced appeals lawyer at Eisenberg Law Offices. Our Wisconsin appeals attorneys have been through this process many times and have won many successful appeals for our clients.

Call 608-256-8356 or email Info@eisenberglaw.org Eisenberg Law to find out if you can appeal a criminal conviction.