How to Challenge a Criminal Conviction in Wisconsin’s Courts

How to Challenge a Criminal Conviction in Wisconsin’s Courts

Challenging a criminal conviction in Wisconsin can be a complex process, but understanding the steps involved is crucial for anyone seeking to appeal their case. Whether you believe that there was a legal error during your trial or new evidence has come to light, the state of Wisconsin provides mechanisms to help you dispute a conviction.

1. Understand the Grounds for Appeal

Before initiating the appeal process, it’s important to identify valid grounds for challenging your conviction. Common reasons include:

  • Ineffective Assistance of Counsel: If your attorney failed to represent you adequately, you may have a basis for appeal.
  • New Evidence: If new evidence has emerged that could substantially impact your case, this may form the basis of your appeal.
  • Procedural Errors: Mistakes made during the trial process that could affect the verdict can be grounds for an appeal.
  • Insufficient Evidence: If you believe that the evidence presented at trial was not enough to support your conviction, this may also warrant an appeal.

2. Prepare Your Notice of Appeal

Once you have identified valid grounds for an appeal, the next step is to file a Notice of Appeal. This document must be submitted to the circuit court that handled your case. In Wisconsin, you typically have 20 days from the date of sentencing to file this notice, so it is important to act quickly.

3. Gather Necessary Documentation

After filing your Notice of Appeal, you will need to compile all relevant court documents, trial transcripts, and evidence that support your claim. This may include:

  • Trial transcripts
  • Motion papers and responses
  • Sentencing documents

It’s advisable to work closely with your attorney to ensure you collect all necessary material.

4. File an Appellate Brief

Once you have the documentation, your next step is to draft and submit an appellate brief. This document outlines your arguments and the legal basis for your appeal. Your brief should include:

  • A concise statement of the case
  • The relevant facts supported by the record
  • The legal arguments and applicable law related to your case

Your attorney can provide guidance on formatting and presenting your brief in accordance with Wisconsin court rules.

5. Oral Argument

In some cases, the court may schedule an oral argument where you or your attorney can present your case directly to the judges. This is an opportunity to clarify your arguments and respond to any questions the court may have.

6. Await the Court’s Decision

After the submission of your briefs and any oral arguments, the appellate court will review your case and issue a decision. This process can take several months, so patience is essential.

7. Further Options

If your appeal is denied, you may still have additional avenues available. This could include seeking a reconsideration of the decision or filing for post-conviction relief under Wisconsin Statute 974.06 if new evidence comes to light or if there were reversible errors during the initial trial.

Conclusion

Challenging a criminal conviction in Wisconsin is a multifaceted process that demands careful attention to legal procedures. Having an experienced attorney can significantly enhance your chances of success. By understanding your rights and the appeal process, you can take meaningful steps toward rectifying a wrongful conviction.