Wisconsin appeals attorneys

appeals

What is an appeal?

TIME IS OF THE ESSENSE
A motion for "post conviction relief" must be filed within 20 days of the guilty verdict. An appeal is a motion to a higher court to reverse a judgment of a lower court. An appeal is one form of "post-conviction relief" available to a person who has been convicted of a criminal offense in the state of Wisconsin by a Wisconsin Circuit Court or a Federal Court. Appeals challenge a lower court's judgment. Attorney John Birdsall says,

"The courts have not been kind to criminal defendants in the past few decades, but there are glimmers of hope and a well thought out, carefully crafted appeal can succeed."

  How is an appeal filed?

In Wisconsin, an appeal begins with a motion for "post-conviction relief" filed with the Wisconsin Circuit Court that held the criminal trial and imposed sentencing. If litigation with the lower Wisconsin Circuit Court is unsuccessful, an appeal can then be filed with the Wisconsin Court of Appeals. There are also several different types of appeals available in both state and federal courts. For more information, refer to Wisconsin Appeals & the Appellate Process.

  who can file an appeal?

In Wisconsin, a person convicted of a criminal offense has an automatic right to appeal. An appeal can also be brought by a person who is convicted of a non-criminal offense, or the district attorney in a criminal trial. For more information, refer to Automatic Right To Appeal.

Even though Wisconsin convictions can be brought to the Wisconsin Court of Appeals on an automatic right to appeal, never dismiss the critical trial court proceedings. In addition to the fact that the Court of Appeals is reluctant to turn over a lower court's judgment unless they find illegal application of the law, the costs and emotional angst of going through yet another process of accusations, testimony and challenges to evidence can take its toll on the most strong at heart. If you are accused of a crime, hit the first trial with everything you can muster to avoid an incorrect verdict and the appellate process.

  What can be appealed?

An appeal is argued on a legal principle or procedure, which is called the "basis of an appeal". An appeal argues some legality from the criminal prosecution process. The issues on appeal are the subject matter of the appellate brief that your attorney carefully crafts and then defends before the Wisconsin Court of Appeals. In any given criminal prosecution, from the moment when an investigation begins to the moment that the court orders a sentence, there can be many issues for appeal, but most appeals challenge the procedures before trial, procedures during trial, or the sentence imposed after the verdict. For a list of common issues for appeal, please refer to Issues As A Basis Of Appeals.

Charges involving drug possession, possession with intent to deliver, and delivery of drugs are often appealed. Conspiracy charges are usually brought in federal drugs cases, and often appealed. Sexual Assault, murder, and drunk driving are also frequently appealed.