When To Appeal A Criminal Conviction In Wisconsin
Yes, You Can Appeal A Criminal Conviction In Wisconsin
Fighting criminal charges in Wisconsin is a difficult and trying task. Sometimes, the only thing that helps defendants get through it all is the knowledge that they are innocent. The shock of being found guilty can lead to disbelief, along with an acceptance of the sentence handed down. However, it is possible to appeal a criminal conviction in Wisconsin.
The 6th Amendment Protects Your Right To Appeal
The 6th Amendment to the U.S. Constitution’s Bill of Rights gives you the right to a fair trial – and this includes appeals.
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.”
- Amendment VI, The Bill of Rights
The Wisconsin appellate process requires your attorney to file a request for appeal to the appellate court. That court will review the case and hand down their own decision, which could overturn your conviction, change your sentence, send you back to court or end your case. It all depends on what was requested in the appeal and the facts surrounding the case and conviction.
Reasons For Appeal
There are several factors that may have influenced your right to a fair trial and which could form the argument for your appeal. These include:
- Issues with evidence. Evidence plays a crucial role in criminal cases and sentencing. If you think the evidence used in your case was collected or handled improperly or should not have been admitted at trial or if new evidence has been found, then you may have grounds to appeal.Jury instructions. It’s possible that the jury was improperly instructed by the judge, which may have tainted their perception of their duties and influenced their verdict. If this is true, this is grounds for appeal.
- Ineffective counsel. You have the right to effective counsel. If you believe your attorney did not represent you properly, made a mistake that prejudiced you, or made an error that influenced the jury’s decision to convict, you have a legitimate reason to appeal a criminal conviction in Wisconsin.
- Procedural issues. It is possible that your attorney will have objections to the way the case was handled or notice a detail or inconsistency that he or she feels is grounds for appeal. Discuss this issue with the attorney in detail to ascertain whether or not an appeal is the right decision.
Meet With A Criminal Defense Attorney To Appeal A Criminal Conviction In Wisconsin
You’ll need an attorney to help you appeal a criminal conviction in Wisconsin since an attorney must file the appeal on your behalf. You do not need to use the same attorney who represented you in the initial case. If you are considering an appeal, discuss the idea with an experienced criminal defense attorney right away. Appeals must be filed quickly; typically within 20 days of the sentencing.
If you think you have grounds for an appeal and would like to discuss your situation with a criminal defense attorney, contact Eisenberg Law Offices in Madison. Our attorneys are experienced with a proven track record of success. We handle all state and federal crimes and offer free consultations.
Call our 24-hour hotline at 608-468-6595 or email Info@eisenberglaw.org to get started today.
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Eisenberg Law has successfully represented our clients in thousands of Personal Injury, Criminal Defense and Family Law Cases during our 30-plus years in business.
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