Appeal A Conviction In Wisconsin With Help From A Criminal Lawyer In Madison

After a long and protracted legal battle it can be disheartening to receive a guilty verdict, but a guilty verdict does not mean the end. It’s possible to file a criminal appeal with help from a criminal lawyer in Madison. An appeal keeps the legal process going, giving you another chance to prove your innocence or to have a fair trial the second time.

Criminal appeals are not uncommon, but they can be complicated. Even the smallest overlooked detail can derail the process and eliminate your chances of even being heard in appellate court, much less overturning your conviction. We cannot emphasize enough the importance of quickly retaining the help of a criminal lawyer in Wisconsin when pursuing an appeal.

What Will Your Criminal Lawyer Do?

The biggest benefit a criminal attorney brings to your situation is experience and know-how. Appeals are a very paperwork heavy process and every step must be followed to the letter or your appeal may be tossed out. Ideally, you’ll choose to work with an attorney who has been through the process many times. This gives you an advantage by having someone on your side who knows the necessary steps to take during an appeal as well as being able to identify any errors that occurred during your trial. There are four primary steps involved in appealing a criminal conviction. Your attorney will manage these steps for you:

1. File A Notice Of Intent To Seek Post-Conviction Relief. The first thing that needs to be done is to let the court know you are unhappy with the results of your case and intend to fight the conviction. This requires filing a notice of intent within twenty (20) days of sentencing, so you need to make the decision to appeal or not appeal relatively quickly after sentencing. This filing preserves your right to appeal the verdict.
2. Decide Whether Or Not To Pursue Another Form Of Relief. Once the Notice of Intent has been filed, you have a little more breathing room to decide what to do. During this time, you might decide to pursue another form of relief like a motion for post-conviction relief such as a motion to withdraw a guilty plea or to have your sentence modified or overturned. Consultation with a criminal attorney is critical during this time as he or she will be able to advise you on what to do based on your unique situation. Not all forms of relief are suitable or applicable to all cases.
3. File An Official Notice Of Appeal And Prepare An Appellant’s Brief. Once the previous steps have been settled, you need to file an official Notice of Appeal. This document is filed with the court and given to the other party involved in your case. Don’t miss a deadline. The time limits vary and are specific. Your attorney will then draft and file an appellant brief. The brief will be provided to the court for review and will include:
   1. The facts of the case.
   2. The grounds for review.
   3. The arguments relating to the issues you are contesting.
4. The appellant brief must specifically address the errors that you believe support your right to an appeal. The brief must also address why each ruling was incorrect. Keep in mind that appellate courts only decide the issues that you specifically raise and nothing else, so it is important to be completely thorough at this stage. This is another point at which the experience of a criminal attorney becomes invaluable.
5. The Review Process, Hearing And Determination. The next step is to wait for your case to be heard. This can take some time. There are no time restrictions on making a decision.

Then, it’s up to the appellate court to determine your fate. The court can do many things including: affirm, modify, reverse, or remand the case for a new trial. Throughout the entire process your attorney will be at your side, explaining the process to you, making sure each step is followed and every requirement met, and generally helping the appeals process go smoothly.

File An Appeal With Help From A Criminal Lawyer At Madison’s Eisenberg Law Offices

If you have been convicted of a crime but feel that you have grounds to appeal, contact a criminal lawyer in Madison at Eisenberg Law Offices immediately. Time limits are short. Our firm has more than 30 years of experience handling criminal law cases and works on all types of criminal cases.

Contact Eisenberg Law Offices at 608-200-3572 or request a consultation online to speak with a criminal lawyer in Madison about appealing your conviction.