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What Happens if You Appeal a Conviction in Wisconsin?

By Carlos Gamino

If you’ve been convicted of a crime in Wisconsin and are not happy with the outcome, you may have the option to appeal the decision. This guide will explain what an appeal is, how it works, and what may happen after everything’s said and done.

What is an Appeal?

An appeal is when a higher court reviews the decision of a lower court to see if its finding was incorrect. If you think that you should appeal a criminal conviction, it’s in your best interest to talk to a Wisconsin criminal defense attorney about your case. Your lawyer will let you know whether you can appeal and what the process will look like in your situation.

How Does a Criminal Conviction Appeal Work in Wisconsin?

Appeals are usually based on errors in the original trial, either in procedure or in the judge’s interpretation of the law. If you want to appeal a conviction, it may be in your best interest to work with an attorney. Your attorney will likely file what’s called a “notice of appeal” with the court, which starts the appeals process. After that, your attorney will work on filing briefs explaining to the higher court why they think the lower court made a mistake. In some cases, you may need to appear in front of the appeals court for oral arguments.

Related: 3 things you need to do if you’re charged with employee theft

What Happens if I Win an Appeal?

If the appeals court decides in your favor, there are a few different things that could happen. The court may order a new trial, they may throw out your conviction entirely, or they may reduce your sentence. In some cases, the appeals court may decide that you don’t need a new trial and will just overturn the conviction.

Related: Can you drive to work if you have a suspended license?

What Happens if I Lose an Appeal?

If you lose an appeal, you will still be convicted of the crime and will have to serve your original sentence. In some cases, you may be able to file what’s called a “petition for review” with the Wisconsin Supreme Court. This is basically asking the Supreme Court to look at your case and decide whether the appeals court made the right decision. However, the Supreme Court doesn’t have to hear your case and may just let the appeals court’s decision stand.

After an Appeal

Once an appeal has been decided, that usually means that the case is over and you will have to serve your sentence. However, in some cases, you may be able to file what’s called a “post-conviction motion.” This is basically a request for the court to look at your case again and decide whether there were any errors that warrant overturning the conviction or reducing the sentence. If you’re thinking about filing a post-conviction motion, it’s in your best interest to talk to a Wisconsin criminal defense attorney about your case.

Related: Can you get an occupational license after an OWI in Wisconsin?

Do You Need to Talk to an Attorney About Filing an Appeal?

If you’re thinking about filing an appeal, we may be able to help you. Call our office at 414-383-6700 to schedule your consultation with a Wisconsin criminal defense attorney today.

Attorney Carlos Gamino

By |2022-09-02T10:42:09-05:00October 6th, 2022|Criminal Law|Comments Off on What Happens if You Appeal a Conviction in Wisconsin?
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Can You Appeal a Conviction in Wisconsin?

By Carlos Gamino

If you’re like many people, you know a conviction will negatively impact your life. But is there anything you can do after you’ve been convicted to change your circumstances?

Some people choose to appeal their cases, and typically, they choose to work with an attorney who’s familiar with the appeals process.

What is an Appeal?

An appeal is an opportunity for a defendant (often with a lawyer’s help) to raise concerns about things that happened during a trial. Often, because judges’ and attorneys’ caseloads are so full, cases don’t get the attention they deserve. Sometimes, that results in a conviction when there shouldn’t have been one.

In some cases, the law isn’t applied properly. That can spell disaster for a person on trial. This actually happens more often than most people think.

Having an attorney look at a case with fresh eyes to ensure that everything happened the way it should have can be a tremendous benefit to someone who’s been convicted of a crime. If you’ve been convicted of a crime and want to appeal, your attorney will look at all the circumstances of your case. They’ll even pull up transcripts, look at evidence that was submitted during the original trial, and have a look at how the judge and your previous attorney followed the law in your case.

Related: What penalties can you face for attempting a crime in Wisconsin?

Common Appellate Concerns

Your attorney will figure out what’s concerning about your case and bring it to light. For example, your lawyer may discover that you were the victim of bias or conflict of interest, or that your jury was tampered with. Or your attorney may discover that certain evidence should have been suppressed or introduced, that police unlawfully searched your property or your person, or even that you were given an excessive sentence. There are myriad reasons you may qualify for an appeal, and if you’d like to explore your options, you should talk to a criminal appeals attorney in Wisconsin.

Are Appeals Always Successful?

No attorney can ever guarantee a specific outcome on your case, but usually, lawyers won’t take cases that they know they can’t win. The only way to find out whether you have a good shot at winning an appeal is to talk to an experienced attorney who understands the appeals process and how it may apply in your situation.

Related: The honest truth about lie detectors

Do You Need to Talk to an Attorney About Appealing a Conviction in Wisconsin?

If you need to talk to an attorney about appealing a conviction in Wisconsin, we’re here to help. Call us at 414-383-6700 now schedule your free consultation with a lawyer who cares.

Attorney Carlos Gamino

By |2022-07-19T11:23:33-05:00August 5th, 2022|Criminal Law|Comments Off on Can You Appeal a Conviction in Wisconsin?
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How to Appeal a Ruling in a Criminal Case in Wisconsin

How to Appeal a Ruling in a Criminal Case in Wisconsin - Carlos Gamino

By Carlos Gamino

Facing criminal charges in court can be scary – you can’t predict how the judge will rule. But what happens if the judge convicts you unjustly or sentences you unreasonably? You may be able to appeal your case if you’re unhappy with the results of a criminal trial. Here’s what you need to know.

How to Appeal a Ruling in a Criminal Case in Wisconsin

When a judge issues his or her final judgement in your trial, you can appeal the ruling. Many people choose to work with a Wisconsin appeals lawyer to do so because it can be complicated and time-consuming. Remember, though – an appeal isn’t a new trial. It’s a way of asking a higher court to look at your case.

Appeals are time-sensitive, too. Your attorney must file a notice of intent within 20 days of your sentencing, so you have to act quickly. After filing the notice of your intent to appeal, your lawyer will file an official notice of appeal and prepare what’s called an appellant’s brief. The document that your attorney files will cover the facts of your case, why it should be reviewed, and arguments – and it will be very specific about why the ruling was wrong.

The District Court of Appeals will make a decision on its own timeline. At the appeal hearing, both sides – your side and the state of Wisconsin – can present oral arguments. These oral arguments give your attorney (and the state) the chance to try to persuade the court, just like they would in an ordinary trial.

The appellate court will issue a ruling, but there’s no guarantee that they’ll rule in your favor. The court can affirm your conviction, modify it, reverse it or even send the case to a new trial.

Do You Need to Talk to a Lawyer About How to Appeal a Ruling in a Criminal Case?

You don’t have much time to let the court know you intend to appeal, which is why it’s important to call an attorney as soon as possible after the ruling. If you need to talk to someone about appealing a ruling in a criminal case, we may be able to help you. Call us at 414-383-6700 now to schedule your free consultation.

Carlos Gamino

By |2022-07-19T14:01:42-05:00July 19th, 2022|Criminal Law|Comments Off on How to Appeal a Ruling in a Criminal Case in Wisconsin
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What’s a Criminal Appeal in Wisconsin?

By Attorney Carlos Gamino. Click here for audio version.

A criminal appeal is a way for a person who’s been convicted of a crime to ask a higher court to look for errors in the original case. An appeal determines whether the conviction – or the sentence the person received – was erroneously reached. Here’s the scoop on criminal appeals in Wisconsin (and how they work).

What’s a Criminal Appeal in Wisconsin?

The person who wishes to appeal a case is called the appellant – that’s the person who was the defendant in the original case. The appellant (usually with the help of a Wisconsin criminal defense attorney) argues that important legal mistakes affected the jury’s decision in the case’s outcome or the judge’s decision on sentencing. The two possible goals of an appeal are to have the case dismissed entirely or to grant the appellant a new trial or new sentence.

Related: What does it mean when you win an appeal in a criminal case?

What Does the Appeals Court Look At While Considering an Appeal?

When someone files an appeal, the court that’s reviewing the case looks at the record of the original proceedings. The appeals court doesn’t take new evidence into account; it only considers what was entered as evidence during the first trial, as well as transcripts of every statement made during the case.

The appeals court also looks at written briefs from both sides. A brief from the appellant’s side is a document that argues that the conviction or sentence was passed down in error, including how and why it happened. Usually, the government files its own brief that says why the conviction or sentence should stand as-is. Generally, the appellant can respond to the government’s brief, and in many cases, the appeals court will choose to hear oral arguments from each side before deciding whether to grant an appeal.

Related: The most common reasons to appeal a criminal case

Do You Need to Talk to an Attorney About Filing an Appeal?

Appeals are for cases that involve some type of legal error – and if you believe your case qualifies, we may be able to help you. Call our office at 414-383-6700 now to schedule your free consultation; we’ll be happy to answer your questions and help you get the best possible outcome.

Attorney Carlos Gamino

By |2021-11-23T11:49:42-06:00September 20th, 2021|Criminal Law|Comments Off on What’s a Criminal Appeal in Wisconsin?
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What is an Appeal?

By Carlos Gamino

An appeal is a request for a higher court to review a lower court’s decision – and in many criminal cases, it’s a logical next step. Here’s what you need to know.

What is an Appeal?

When a judge makes a bad decision, you could be eligible to file an appeal. That means you would go to the next-higher court (the appeals court) and ask a different judge to take a look at the original judge’s decision.

Related: 10 common legal terms you need to know

What Are the Reasons for an Appeal?

There are several reasons a person may want to appeal a criminal conviction – but simply disagreeing with a judge’s decision isn’t likely to get your case heard in an appeals court. Generally speaking, you must have legal basis for an appeal, which means something in the law says your case’s outcome was wrong.

Some of the most common reasons people choose to file appeals include:

  • Ineffective assistance of counsel, which means your lawyer during the original trial didn’t do things he or she should have. That can mean your attorney didn’t call a key witness on your behalf, talk to you about a plea deal the prosecutor offered or did something that showed legal incompetence.
  • Problems with evidence, such as the inclusion or exclusion of certain evidence – or even a lack of sufficient evidence to support a guilty verdict.
  • Plain error, which covers things like mistakes the judge makes during the trial, sentencing errors after your conviction or errors in jury instructions.

Related: More common reasons to appeal a criminal case

Do You Need to Talk to an Attorney About Appealing Your Case?

You may be eligible to file an appeal for many reasons – and if you think you are, you should talk to an attorney. You can call our office at 414-383-6700 for a free consultation. We’ll be happy to discuss your case, find out whether we can help you, and give you advice you can use to start moving forward.

Carlos Gamino

By |2021-07-17T09:40:59-05:00February 10th, 2021|Criminal Law|Comments Off on What is an Appeal?
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Common Reasons to Appeal a Criminal Case

Common Reasons to Appeal a Criminal Case - Carlos Gamino

By Attorney Carlos Gamino

If you’re like many people who have been convicted of a crime, you’ve wondered whether you can get a second chance in court. For some people, that is entirely possible – but not for everyone. Here’s what you need to know about the most common reasons to appeal a criminal case in Wisconsin.

3 Reasons to Appeal a Criminal Case

When a court convicts someone, the defendant – the person convicted of the crime – may be able to file an appeal to a higher court. The higher court can look at the lower court’s decision, and if it finds that the defendant is in the right, it could reverse the lower court’s decision (in part or the whole thing).

Not everyone has an automatic right to appeal, though. If you pled guilty, you usually have to get permission to appeal from the appellate court (the court that reviews lower courts’ decisions). If you were convicted by a judge or jury during a trial, you do have the right to appeal your conviction.

The three most common reasons people appeal criminal cases include:

  • Legal error
  • Juror misconduct
  • Ineffective assistance of counsel

Here’s a closer look at each.

Legal Errors Can Lead to Appeals

Legal errors can refer to a number of things, such as improperly admitted evidence, lack of sufficient evidence to support a finding of guilt or incorrect jury instructions. If there have been legal errors made in your case, you may be able to appeal. If the errors wouldn’t have changed the verdict (like if the prosecution has your fingerprints and the evidence was not properly introduced, but the prosecutor also has video of you committing the crime that was introduced properly), you won’t be able to appeal.

Related: 10 common legal terms you need to know

Appealing a Case That Involved Juror Misconduct

Juror misconduct is serious – and if you reasonably believe that the jury conducted itself improperly during deliberations (or during the trial), you may be able to appeal. Jury misconduct occurs when jurors use drugs or alcohol during deliberations of the trial, improperly communicate with witnesses or other attorneys, or do any number of other things that negatively impact the fairness of your trial.

Ineffective Assistance of Counsel: You May Be Able to Appeal   

If you weren’t provided with adequate representation, and that lack of representation harmed your case, you could have the right to appeal.

Do You Need to Talk to a Lawyer About Appealing Your Case?

If you’re not sure whether you have grounds to appeal, or if you’re positive that something was wrong with your trial, give us a call at 414-383-6700 now. We’ll evaluate your situation and give you our professional opinions during a free consultation.  Attorney Carlos Gamino

By |2021-07-17T11:30:56-05:00August 31st, 2020|Criminal Law|Comments Off on Common Reasons to Appeal a Criminal Case
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What Does it Mean When You Win an Appeal in a Criminal Case?

What Does it Mean When You Win an Appeal in a Criminal Case - Carlos Gamino

By Attorney Carlos Gamino

What does it mean if you win an appeal in a criminal case? Usually, it’s great news – but just how much great news you get depends on what the higher court decides. Here’s what you need to know.

What Does it Mean if You Win an Appeal in a Criminal Case?

First things first: Not everyone qualifies to appeal a criminal case. You must have a good reason (called grounds) for filing an appeal – and not liking a judge’s ruling doesn’t count. If you think you have grounds to file an appeal, contact an appellate attorney as soon as you can.

When you appeal a case, you’re really asking a higher court to look at a lower court’s decision. The higher court, if it accepts your case, will see if any of the circumstances of your case affected its outcome. Sometimes things like the improper introduction of evidence, a lack of sufficient help from your attorney, or even jurors who behave improperly during the trial can have such an impact on your case that it would’ve had a different outcome under different circumstances.

If the higher court – called the appellate court – reviews the lower court’s decision and finds that you’re right, the higher court can do one of three things:

  • It can rule that even though you’re right, the facts presented wouldn’t have affected the outcome of your case
  • It can reverse part of your conviction
  • It can reverse all of your conviction

Sometimes the appellate court finds that your trial was fine, your jurors were fine, and the judge’s decision was fine, too. If that happens, you won’t win your appeal and the lower court’s ruling stays in place.

Do You Need to Talk to an Appellate Attorney?

If you think you have grounds to appeal your case, we may be able to help you. Call us at 414-383-6700 and get a free consultation – we’ll be glad to answer your questions and give you case-specific advice.

Attorney Carlos Gamino

By |2021-07-17T11:33:19-05:00August 24th, 2020|Criminal Law|Comments Off on What Does it Mean When You Win an Appeal in a Criminal Case?
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