At Schiro Criminal Defense, we stand by our clients every step of the way–from defending against criminal charges to challenging convictions. If you've been convicted of a crime in Wisconsin, it’s not the end of the road. Several legal options for post-conviction relief may still be available, including the appeals process.
If you believe errors occurred during your trial, you may qualify to file an appeal and request the appellate court to review your case. Attorney John Schiro, a seasoned criminal appeals lawyer with over 40 years of experience, has successfully guided countless clients through this complex process. When you turn to Schiro Criminal Defense, you’ll have the knowledge, experience, and resources at your side to fight for justice.
What is an Appeal?
Every year in Wisconsin, more than 1,000 criminal appeals are filed, signaling how many individuals seek to challenge their convictions or sentences. But what exactly does it mean to file an appeal?
An appeal is not a new trial. Instead, it’s a request for the appellate court to examine the trial court’s proceedings to identify legal errors. The appellate court evaluates whether mistakes occurred during your trial that should result in a modification, reversal, or new proceedings. Unlike a trial, an appeal relies strictly on trial court records, written briefs from both parties, and sometimes oral arguments.
Simply put, filing an appeal involves scrutinizing the legal process, not re-arguing the facts of the case.
Am I Eligible to File an Appeal?
Not everyone convicted of a crime is eligible for an appeal. To proceed, you must have valid grounds for an appeal by demonstrating that significant legal errors occurred during your trial. Being dissatisfied with the result is not sufficient; you need strong arguments backed by specific errors that impacted your case.
Common grounds for an appeal include:
- Ineffective assistance of your defense attorney
- Admission of illegally obtained evidence
- Unconstitutional criminal statute
- Improper jury selection process
- Imposing an unauthorized sentence
- Introduction of inadmissible evidence
- Unlawfully obtained witness statements
If these or similar issues affected your trial, you may benefit from consulting an experienced criminal defense appeals attorney to evaluate your case.
Steps During an Appeal in Wisconsin
- File a Notice of Intent: Once sentenced, you’ll be informed of post-conviction relief options, including appeals or filing post-conviction motions. To appeal, file a notice of intent within 20 days of sentencing to preserve your rights. The deadline is strict, so act quickly.
- Choose a Form of Relief: The notice of intent signals your plan to seek post-conviction relief but doesn’t specify the type of motion. Common options include motion to withdraw a guilty plea for reasons like due process violations, constitutional rights infringements, or newly discovered evidence; or motion to modify a sentence if the court relied on inaccurate information, used inappropriate factors, issued an excessive sentence, or new information arises.
- File the Official Notice of Appeal: Submit an official notice of appeal and serve a copy to the opposing party. Prepare an appellant brief outlining case details, grounds for review, and identified trial errors. Ensure it is thorough and well-documented, as the appellate court's review is based solely on these records.
- Review, Hearing, and Decision: The appeals court reviews the appellant brief and may hold a hearing for oral arguments from both sides. The court will either affirm, modify, reverse the original ruling, or remand the case for a new trial.
Appeal decisions can take time, with felony cases averaging two years. Be prepared for a potentially lengthy process.
What is Post-Conviction Relief in Wisconsin?
If your appeal doesn't succeed, all hope isn’t lost. You may still pursue post-conviction relief, a process that allows individuals convicted of crimes to challenge their convictions or sentences based on issues not addressed in their direct appeal.
Post-conviction motions, governed under Chapter 974 of Wisconsin law, can address issues such as:
- Newly discovered evidence potentially exonerating the defendant.
- Ineffective assistance of counsel, where your attorney failed to provide competent representation.
- Constitutional violations, such as due process infringements.
- Errors in interpreting or applying legal statutes during sentencing or trial.
One of the most common forms of post-conviction relief is a "974.06 motion," where defendants challenge their convictions within the same trial court. Generally, these claims must be brought while you are still in custody, although exceptions exist for certain scenarios where collateral consequences persist.
Navigating post-conviction remedies can be challenging. A skilled post conviction attorney can help ensure all proper legal procedures are followed while fighting for your rights.
Why Choose Schiro Criminal Defense?
Attorney John Schiro and our criminal defense team are here to guide you through the appeals process. We understand how confusing and overwhelming this situation can feel. Our criminal appeals attorneys dedicate themselves to identifying errors and advocating for a fair review of your case.
From filing an appeal to pursuing post-conviction relief, we handle every stage with the meticulous attention it deserves. You can rely on us to meet all requirements, deliver persuasive arguments, and represent your best interests throughout.
Your Trusted Milwaukee Criminal Appeals Law Firm
The fight doesn’t end with a conviction. If mistakes were made in your case, you deserve the opportunity to correct them. Partner with Schiro Criminal Defense for experienced representation from a trusted criminal appeals law firm. Whether you need an appeal lawyer or post conviction attorney, we’re here to protect your rights and pursue justice on your behalf. Contact Schiro Criminal Defense to begin discussing how we can help with your criminal appeal.
