How to Start a Criminal Appeal in Wisconsin
If your criminal conviction stems from a trial, you have an automatic right to appeal. However, the deadline to file is only 20 days from your sentencing date, so you must act fast to protect your rights. In the event that your conviction is the result of a guilty plea, you still have the right to challenge your conviction; however, the procedure is not the same as it is when your conviction stems from a trial. Your appellate lawyer can discuss that procedural status with you.
How do I appeal my conviction?
The first step to appealing your conviction is to file a Notice of Intent to Pursue Post-Conviction (“NOI”) within 20 days from your sentencing date. Once your NOI is filed, you must obtain a copy of the circuit court case record and the trial transcript. These requests must be made within 30 days after your NOI is filed. The court reporter and the clerk of the circuit court must provide these documents within 60 days of your request. Finally, you must file a Motion for Post-Conviction Relief in the circuit court, or a Notice of Appeal to the Court of Appeals and serve a copy to the prosecuting attorney within 60 days of receiving the trial transcript. If the circuit court fails to rule on a postconviction motion within 60 days, the motion is considered to be denied. If the motion is denied, you then must file a Notice of Appeal to the Court of Appeals. Your appellate attorney can discuss with you which route—either postconviction motion or straight appeal—makes the most sense in your case.
What is a Notice of Appeal?
Although there is a lengthy procedure that precedes a Notice of Appeal, it is the filing of the Notice of Appeal that officially begins the appeal process. After your Motion for Post-Conviction Relief is denied, you must file a Notice of Appeal with the circuit court within 20 days and pay the appropriate filing fee. Additionally, a copy of the Notice of Appeal must be served to the prosecuting attorney and the Clerk of the Court of Appeals.
What happens after the Notice of Appeal is filed?
When you file a Notice of Appeal, you must also pay a $195 filing fee, along with a $15 fee to the clerk of the circuit court. After your Notice of Appeal is filed, the clerk of circuit court has 40 days to file the complete record of your case with the clerk of the Court of Appeals. After transcripts are served, you have 60 days to file a motion for postconviction relief or Notice of Appeal.
A criminal appeal is a series of strict deadlines and procedures. Make sure your rights are fully protected! Call attorney Tracey Wood today for a no-cost assessment of your case. Please also finish an online case evaluation form.
