Wisconsin Criminal Appeals and Postconviction Motions

If you have been convicted of a crime, your conviction is not final until you have exhausted your right to appeal. That is to say, even if a judge or jury has found you guilty of a crime, you could have your conviction overturned on appeal. A successful appeal can result in either a new trial or even a complete reversal of your conviction. In the event that an appeal is granted, it is usually in the form of a new trial rather than a reversal of a conviction.

Is it possible to have my conviction overturned?

Yes, it is possible to have your conviction overturned. However, in order to begin the appeal process, you must file a timely appeal and show that a legal error occurred during your proceedings. Such errors include the improper admission of evidence, the failure to suppress inadmissible evidence, errors in charging the jury, errors in sentencing, and ineffective assistance of counsel.

How is an appeal filed?

You must act fast to file an appeal or for postconviction relief. After your sentence is imposed in a criminal case, you have only 20 days to file a Notice of Intent to Pursue Post-Conviction Relief (“NOI”) with the circuit court. Your trial attorney is required to file that document for you upon your request. We strongly advise you not to rely on your trial attorney, however. If you are looking to retain an attorney to handle postconviction or appellate issues for you, the sooner your attorney can begin acting, the better. It is imperative that no deadlines are missed in this process. After your NOI is filed, you are required to obtain a copy of your case record as well as a complete transcript of your trial proceedings. Thereafter, you either must file a Motion for Post-Conviction Relief with the circuit court, or a Notice of Appeal to the Court of Appeals. If you elect to file a Motion for Postconviction Relief, the next step is an appeal to the Court of Appeals if your motion is unsuccessful.

What happens if my appeal is denied?

All is not lost if the Court of Appeals denies your appeal. You can always appeal this decision to the Wisconsin Supreme Court. If you decide to go this route, you must file a Petition for Review within 30 days. The Wisconsin Supreme Court will then decide whether it will accept your case.

Don’t let your appellate rights slip away! Attorney Tracey Wood can help. Call our office toll free today to setup an assessment of your case or simply fill in our online case evaluation form.