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.
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.
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.
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.