What is a Wisconsin Criminal Appeal?
Under Wisconsin law, you can file an appeal if you believe that your criminal conviction contains an error or that it is otherwise improper or unfair. An appeal is a request for a higher court to examine the trial proceedings to determine if an injustice occurred. Because an appeal is not a retrial of the case, the facts and evidence are usually taken at face value, except in certain limited circumstances. An appeal usually consists of legal issues such as alleged procedural errors.
What happens after I file an appeal?
In Wisconsin, you have only 20 days after your sentence is imposed to file a Notice of Intent to Pursue Post-Conviction Relief (“NOI”). Once you file a timely NOI, transcripts of the original case are ordered, and your attorney may choose to file a motion for postconviction relief based upon the transcripts and trial court proceedings. That motion will be heard in the circuit court. If your motion is granted, you may be permitted a new trial, or your sentence may be reduced. If that motion is not granted, the next step is to file a Notice of Appeal to the Court of Appeals where both your attorney and the prosecuting attorney will file written briefs arguing their respective positions. Your case may or may not be scheduled for oral argument, a hearing that is usually very short in duration that serves as opportunity for both sides to present their legal arguments to the court and answer any questions from the judges who will decide the outcome of the appeal.
What kinds of legal errors are considered on appeal?
The appellate court will only grant relief for errors that contributed to the conviction. In other words, harmless errors are insufficient grounds for relief. In addition to harmful errors or fundamental errors, you may also be granted relief if you are able to show a sufficient violation of your substantive or procedural due process rights.
What happens if my appeal is denied?
If the Court of Appeals denies your appeal, you can petition for review to the Wisconsin Supreme Court, which is the highest court in the State of Wisconsin. If your appeal is again denied, you can pursue an additional appeal in the federal court system all the way up to the United States Supreme Court.
What happens if my appeal is granted?
If your appeal is granted, the prosecutor may try to appeal the decision or may negotiate a plea to a lesser charge. Assuming there is no appeal by the prosecutor or negotiation to a lesser charge or sentence at that stage, your case will be returned to the trial court for further proceedings such as a new trial.
Don’t waste another minute wondering about your appellate rights! Call attorney Tracey Wood or complete our case evaluation form online today for a consultation.
