Receiving a guilty verdict in a Wisconsin court can feel like the end of the road, but in many cases, it’s not. If you believe mistakes were made during your trial, or that your rights were violated in some way, you may still have a chance to challenge the outcome. The criminal appeals process allows you to ask a higher court to examine the case and determine if errors occurred that could have influenced the verdict or sentence.
The Singleton Law Firm works with clients across Waukesha, Milwaukee, and throughout Wisconsin who are seeking post-conviction relief or exploring options to overturn a felony conviction. If you’re unsure about your next step after a criminal trial, this guide breaks down what you need to know about the appeals process and your rights.
Understanding Your Right to Appeal in Wisconsin
In the U.S., you’re entitled to certain protections under the Constitution. Among those is the right to appeal a criminal conviction. If you believe something went wrong during your trial, such as incorrect legal rulings, problems with evidence, or issues with your attorney’s performance, you can petition a higher court to review the case.
An appeal is not a do-over or a second trial. It’s a formal review of what happened in court, based strictly on the records and legal arguments. The appellate court will not hear new testimony or review new evidence. Instead, it focuses on whether the original court made errors that affected the outcome.
Common Reasons People Appeal Criminal Convictions
While every case is different, there are several issues that often serve as the foundation for a criminal appeal in Wisconsin. Some of the more common examples include:
- Mistakes made during the trial: If the judge made incorrect rulings or allowed improper evidence, these types of errors could serve as grounds for appeal.
- Inadequate legal defense: If your lawyer failed to investigate your case properly, missed deadlines, or didn’t object to damaging evidence, this may qualify as ineffective assistance of counsel.
- Sentencing issues: A punishment that seems unusually severe or not in line with others convicted of similar crimes might be challenged, especially if important context wasn’t considered at sentencing.
- New evidence comes to light: In some situations, new information, such as DNA evidence or a witness recanting, might change the outcome had it been available during the original trial.
What Is Post-Conviction Relief in Wisconsin?
Post-conviction relief refers to the process of challenging the outcome of a criminal case after sentencing. It may involve filing motions with the trial court or taking the case to the Wisconsin Court of Appeals. You may ask for a new trial, a reduced sentence, or a different form of legal relief based on how your case was handled.
Some people seek to overturn a felony conviction due to new evidence or legal errors. Others pursue post-conviction motions based on claims like:
- The court improperly excluded or admitted evidence.
- The jury wasn’t properly instructed on the law.
- Witnesses provided false or misleading testimony.
- Constitutional rights were violated at some point during the process.
Working with an experienced appeals attorney is especially important in these cases. These legal arguments can be complex, and even small mistakes in how a motion or appeal is filed can lead to dismissal.
What Happens If an Appeal Succeeds?
If your appeal is successful, the outcome will depend on the nature of the error. In some cases, a conviction might be thrown out altogether. In others, you could receive a new trial or sentencing hearing. A successful appeal doesn’t always mean you’re immediately cleared, but it does give you another opportunity to fight for justice.
Keep in mind, appeals take time. They require careful legal research, strong written arguments, and in some cases, multiple rounds of review. That’s why working with a legal team that understands the ins and outs of Wisconsin criminal appeals is so important.
Speak With a Wisconsin Appeals Attorney
Facing a conviction you believe was wrong or unfair can feel overwhelming, but you may still have a path forward. Whether you’re trying to overturn a felony conviction, seeking post-conviction relief, or just exploring your options, the Singleton Law Firm is here to help.
We work with across Waukesha, Milwaukee, and throughout the state who want a second chance. If you’re thinking about filing an appeal or want to know more about how to appeal a criminal conviction in Wisconsin, don’t wait. Reach out today to speak with an attorney who can review your case and help you take the next steps.
