Despite your best efforts, did your criminal case result in a conviction? Did the judge get it wrong? Were mistakes made in the presenting of your case? Did investigative errors hurt your case? If you feel did not get a fair shake, you may have the ability to appeal your criminal conviction to a higher court in Wisconsin.
Your right to appeal depends on a number of factors. Not all criminal cases are open to appeals. What is needed to appeal and how can you go about starting the process?
Who has the right the appeal?
A lot of times the criminal justice system gets things right. It is not a perfect system, though. Mistakes do happen. Errors happen during the investigation process, mistakes happen during trial and even judges make mistakes when imposing sentences. Those who believe that errors were made in their cases resulting in their convictions may pursue appeals.
How does the appeals process work?
After your conviction, you have a small window of opportunity to file an appeal. If you fail to file the appropriate paperwork on time, you give up your chance to have your case retried. A criminal defense attorney who specializes in criminal appeals will be able to tell you how long you have to file and will be able to answer any questions you have regarding the appeals process.
If you have a case for an appeal, you simply need to fill out the appropriate motion to appeal and file in a higher court. With your submission, you need to include any documentation you have supporting your case. The higher court will not look at any new evidence; it will only look at the facts presented during your trial and any errors that occurred that led to your conviction. The higher court will then decide if your conviction stands or if you qualify for a re-trial.
If your appeals request does not receive court approval, your fight is still not over. You may have other options to help you seek to overturn your conviction. This is a topic your attorney can expound upon.
Get the right help when seeking an appeal
Having the right help on your side when going through the appeals process can make all the difference. While it is possible to file and represent yourself, doing so is not advised.