What You Need to Know About Criminal Appeals in Wisconsin

What You Need to Know About Criminal Appeals in Wisconsin

Understanding criminal appeals in Wisconsin is crucial for anyone involved in the criminal justice system, whether you're an accused individual, a legal professional, or simply a concerned citizen. Criminal appeals provide a pathway to challenge a conviction or sentence through higher courts. Here’s what you need to know.

Definition of Criminal Appeal
A criminal appeal is a legal process by which a person seeks to overturn a conviction or modify a sentence resulting from a trial. Unlike a trial, appeals are typically decided based on written briefs and the record of the original trial, without new evidence being introduced.

Grounds for Appeal
In Wisconsin, there are several grounds upon which an appeal may be filed. Common reasons include:

  • Legal Errors: If errors occurred during the trial that affected the outcome, such as improper jury instructions or the admission of inadmissible evidence.
  • Ineffective Assistance of Counsel: If the defendant’s attorney did not provide adequate legal representation.
  • Newly Discovered Evidence: Evidence that was not available during the trial that could potentially change the verdict.
  • Sentencing Issues: If the sentence imposed is deemed excessively harsh or legally inappropriate.

The Process of Filing an Appeal
The criminal appeals process in Wisconsin typically involves the following steps:

  1. Notice of Appeal: The first step is to file a notice of appeal with the court that issued the original decision. This must be done within 20 days of the sentencing or judgment.
  2. Preparing the Record: Your attorney will prepare the trial record, which includes transcripts, evidence, and any legal motions filed during the trial.
  3. Filing Briefs: Both the appellant (the person appealing) and the appellee (the opposing party) will submit briefs outlining their arguments. The appellant’s brief will argue why the conviction should be overturned, while the appellee will provide reasons to uphold the decision.
  4. Oral Argument: In some cases, the court may allow oral arguments where attorneys for both sides present their cases and answer judges’ questions.
  5. Decision: After reviewing the briefs and hearing oral arguments, the appellate court will issue a decision, which may uphold the original ruling, reverse it, or remand the case back for a new trial or further proceedings.

Timeframe for Appeals
The timeframe for completing an appeal can vary widely depending on the complexity of the case and the court’s schedule. In Wisconsin, once the notice of appeal is filed, it typically takes several months to a year before a decision is rendered.

Contacting an Attorney
Given the intricacies of the appeals process, it’s highly advisable to work with an experienced criminal defense attorney who understands Wisconsin’s criminal law and appellate procedures. An attorney can help ensure that all legal arguments are presented effectively and improve the chances of a successful appeal.

Conclusion
Criminal appeals are a vital part of the judicial process in Wisconsin. Understanding the grounds for appeal, the process involved, and the importance of professional legal guidance can empower individuals facing the aftermath of a conviction. If you or someone you know is considering an appeal, consult a knowledgeable attorney to navigate this critical aspect of the legal system.