appeals from wisconsin convictions & sentences
Innocent people are often found guilty of criminal offenses by jurors and trial court judges requiring them to appeal their conviction or sentence to the Wisconsin Court of Appeals or the U. S. District Court of Appeals.
wisconsin state criminal appeals
An appeal is a request to a higher court for review of a lower court's decisions during a trial, for the verdict or with the sentencing rendered by the trial court. In most cases, a criminal trial will be held in a Circuit Court. In Wisconsin, Circuit Courts reside within a Wisconsin county. In some cases, a trial may be held in a Municipal Court, rather than a circuit court.
post conviction actions
If the original case is tried in a Wisconsin Circuit Court, the appeal process begins with a request to that trial court to reconsider its decisions. If the original case is tried in a Wisconsin Municipal Court, the case is reviewed and retired in a Wisconsin Circuit Court.
automatic right to appeal
Under Wisconsin law, any person who has been convicted of a criminal offense (a misdemeanor or a felony) has an automatic right to appeal the conviction, the sentence or both. While questionable actions of a trial court can be appealed during the trial, such as if a motion regarding evidence is denied, the automatic right to appeal action cannot be pursued until such time that the case has been concluded and the convicted person has been sentenced by the trial court.
If a person is convicted by a Wisconsin Circuit Court, and wants to appeal the conviction or sentence, the first request is made to the trial court. A notice of intent to appeal is also filed at that time with the Court of Appeals. If the motion for post-conviction relief is lost at the trial court level, then the matter may be automatically taken up to the Court of the Appeals.
appeals during criminal trials
The automatic right to appeal does not apply to all matters that can be appealed during the trial.
appeals to wisconsin supreme court
If the appeal to the Wisconsin Court of Appeals fails, an appeal can be pursued with Supreme Court. Where appeals are automatic as a right from a trial court to the Court of Appeals in Wisconsin, appeals to the Supreme Court are not automatic. Appeals to the Wisconsin Supreme Court begin with a request to have the matter heard. If the Supreme Court votes to review the case, the appeal is allowed, and the Supreme Court will subsequently render a final decision.
Time limitations apply to all state appeals, just as they do to federal appeals.
protecting your rights to appeal
Despite the fact that Wisconsin law provides an automatic right to appeal a case from a trial court to the Court of Appeals, a person should not rely upon that right on the basis that there are issues with the case that they expect to be decided in their favor by the trial court. Jurors often find innocent people guilty, and trial courts sentence those innocent people to prison. Appeals, too, are very costly litigation efforts. Rather than rely upon a belief that the facts will render justice, any person who is charged with a criminal offense should hire the most experienced criminal defense attorney. You have but one chance to prove your innocence at trial. Appeals do not try facts.
wisconsin appellate attorney
The attorneys at Bednarek Law Office represent people who wish to appeal their conviction or sentence to the Wisconsin Court of Appeals, or for federal appeals, to the United States District Court of Appeals.
Free initial consultation
To discuss your appellate case, Attorney Jonas D. Bednarek and Attorney David Saperstein offer a free initial consultation. Please contact Bednarek Law Offices to arrange your free initial consultation.