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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?

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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