wisconsin criminal appeals attorneys

Drunk Driving appeals

A drunk driving conviction is not the end of the road. A conviction or the resulting sentencing can be challenged in the Wisconsin Circuit Court and taken up on appeal to the Wisconsin Court of Appeals. Under Wisconsin laws, a person has an automatic right to appeal on a legal basis such as a harsh sentence, an illegal search or seizure, or illegal counting of prior convictions.

 Wisconsin Automatic Right To appeal

Wisconsin is an "automatic right to appeal" state. In other states, if a person is convicted of a crime, and they wish to appeal the conviction or sentence, they must apply to the Court of Appeals to ask permission to be heard on appeal. In Wisconsin, that request for an appeal is omitted, rather, a person automatically has that right. The right to appeal removes one step from the appellate process. However, before an appeal can be filed, a motion for post conviction relief must be filed and litigated with the trial court.

  Appeal Prior Drunk Driving Convictions & Sentences

The first step in any appeal for a prior drunk driving conviction or sentence is a motion for post-conviction relief to the trial court, unless the issue for appeal has already been litigated. The motion for post-conviction relief asks the trial court to review that aspect (or those aspects) of your criminal trial proceeding, charges or sentencing with which you disagree. The trial court will hear the motion, make a determination, and enter an order. If the trial court does not provide the relief you seek, then the next step is to file an appeal with the Wisconsin State Court of Appeals.

  Basis of Motion For Post-Conviction Relief

If you have been convicted of drunk driving, you should always consult with an experienced appellate trial lawyer to determine what if any basis exist for post conviction litigation or appeal.

In addition to the challenges available to court proceedings, evidence, and illegal search and seizures, sentences can be challenged, particularly when they are unduly harsh.

For example, if you were convicted of a fourth drunk driving offense, but the three prior drunk driving offenses were convictions by another state (or multiples of states), the basis of your appeal might challenge the state's counting of those other out-of-state convictions, if the laws of another state differ significantly from those of Wisconsin and you would not have been convicted for drunk driving in Wisconsin. If you were not represented during a criminal trial in which you were convicted of drunk driving, you may have a basis to appeal for lack of representation. In some instances, the charges may be illegal or the evidence used to convict you may have been illegally admitted into the trial.