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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

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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