A criminal conviction doesn't mean the end of your case; rather, the law allows you the right to appeal either your verdict or the resulting sentence. If your appeal is successful, it could result in a new trial or reversal of your initial conviction. However, to improve your chances that the appeal is granted, working with a qualified appeals lawyer is recommended.
It's important to note that time is of the essence when filing an appeal, as Wisconsin only allows you 20 days after being sentenced to file a Notice of Intent to Pursue PostConviction Relief with the circuit court. This informs the court that you will be filing either a Motion for Post-Conviction Relief or a Notice of Appeal.
While your original trial attorney may be the one to file the Notice of Intent to Pursue Posconviction Relief paperwork on your behalf, you are under no obligation to continue working with him or her. Infact, working with an appeals attorney could help your case. No matter who ultimately handles your case, ensuring that all deadlines are met is imperative for your appeal.
To determine if you are eligible for a reversal on appeal, the appellate court will review your case records and trial transcript to determine if any errors were made that could have an impact on your verdict or criminal sentence. Potential errors could include failure to suppress inadmissible evidence, jury selection errors, or ineffective legal representation. After looking at this evidence, the court will either reverse the initial conviction, grant a new trial or deny your appeal.
If your appeal is lost, you can file a Petition for Review with the Wisconsin Supreme Court within 30 days. The court will then decide whether or not to accept your case for review.
At Tracey Wood & Associates, our legal team has a proven track record when it comes to appealing criminal convictions. If you have specific questions regarding your appeals case, we invite you to schedule an evaluation through our online contact form.