Legal Options After a Criminal Conviction in Wisconsin

Facing a criminal conviction can be a daunting experience, leaving individuals feeling overwhelmed and uncertain about their future. In Wisconsin, there are several legal options available to those who have been convicted of a crime. Understanding these options is crucial for navigating the post-conviction process effectively.

1. Appeal the Conviction
One of the primary legal avenues available after a conviction is to file an appeal. This process involves reviewing the trial for legal errors that may have affected the outcome. In Wisconsin, the appeal must typically be filed within 20 days after sentencing. Working with an experienced attorney is vital to identify valid grounds for the appeal, such as improper jury instructions or the admission of inadmissible evidence.

2. Post-Conviction Relief
Wisconsin law offers several post-conviction relief options. A motion for post-conviction relief can be filed under Wis. Stat. § 974.06. This process allows defendants to present new evidence or arguments that were not available during the trial. It is essential to consult with a knowledgeable attorney who can guide you through this legal process and help build a compelling case.

3. Expungement of Criminal Records
For individuals looking to move on after a conviction, expungement may be an option. Expungement is the legal process of sealing or erasing a criminal record from public access. In Wisconsin, certain conditions must be met to qualify for expungement, typically involving less serious offenses committed before the age of 25. If successful, expungement can lead to improved job prospects and a fresh start.

4. Pardons and Clemency
Applying for a pardon or clemency is another option for individuals seeking relief after a conviction. A pardon can restore civil rights taken away due to a felony conviction, while clemency can lead to a reduction in sentence. The process for obtaining a pardon in Wisconsin is thorough and requires a formal application. Individuals interested in pursuing this option should seek help from an attorney experienced in clemency and pardon cases.

5. Sentencing Modifications
In some instances, individuals may seek to modify their sentences. This could involve requesting a reduction in the length of imprisonment or adjustments to parole conditions. Sentencing modifications often depend on demonstrating changed circumstances or that the original sentence was unjust. Again, legal assistance is crucial for navigating this complex process.

6. Rehabilitation Programs
Engaging in rehabilitation programs can also aid in improving one's standing after a conviction. Involvement in community service, educational programs, or substance abuse rehabilitation can demonstrate to the court that you are taking proactive steps toward personal growth and responsibility. These efforts may positively impact any future legal proceedings, including appeals or applications for expungement.

In conclusion, while a criminal conviction can feel like a daunting roadblock, there are numerous legal options available in Wisconsin for seeking relief. Whether through appeals, post-conviction relief motions, expungements, or pardons, individuals have avenues to pursue justice and reclaim their lives. Consulting with a knowledgeable attorney is crucial to effectively navigate these options and make informed decisions about the next steps.