After receiving a criminal conviction, you may feel like you have no option but to live with the unjust ruling.
Although complicated, people in Wisconsin have the right to appeal that conviction. In 2022, the Wisconsin Court System Court of Appeals’ caseload included 2,116 filings. The below may help you determine if your case supports filing an appeal.
1. What does an appeal really mean?
An appeal does not mean a new trial. It does not involve presenting evidence or calling witnesses. The Court of Appeals reviews the decisions made during the court proceedings to decide if errors occurred. If so, the court may determine that the appellant should receive relief, such as modifying or overturning a sentence.
2. How do I know if I have grounds to appeal?
Every person has a right to a fair trial. Unfortunately, court proceedings come with complexities that may lead to error. Evidence issues rank high regarding the reason to file an appeal. Any tampering or improper handling of evidence may mean you did not get your fair day in court. Other reasons may include ineffective counsel or procedural issues, such as inconsistencies during the trial.
3. When do I need to file?
Although the court can take its time in making a decision, you do not have that luxury. Appeals for criminal cases must get filed within 20 days of sentencing or final judgment.
Even if your trial did not come with the outcome you expected, it may not mean having to serve your entire sentence. While every case differs, the appeal process may prove beneficial.