Do I Have a Case for Appealing My Criminal Sentence?

 Posted on August 25, 2020 in Appeals

A conviction for a criminal offense does not have to mean the end of your pursuit of justice, especially if you believe that the court erred in your conviction or sentence. You have the right to challenge your conviction with the Wisconsin Court of Appeals, but before you do you should make sure that you have legitimate grounds for the possible modification or reversal of your sentence. An experienced appellate attorney can advise you as to whether you should pursue an appeal and guide you through the appropriate procedures.

Grounds for Appealing a Criminal Conviction in Wisconsin

While there are certain exceptions, the court of appeals will usually only review your case if you file a notice of intent to pursue post-conviction relief no later than 20 days after your sentencing hearing. Specifically, you may have grounds to appeal due to:

• Improper selection of the jury. You may pursue an appeal if you believe the court failed to remove jurors who had a conflict of interest or exhibited bias against you, or that a juror was improperly influenced during the trial.
• Admission of illegally obtained evidence. The inclusion in your trial of evidence obtained through unlawful search and seizure, such as evidence collected without a warrant or probable cause, can also be grounds for appeal. This may be applicable in many types of cases, including those involving illegal possession of drugs, weapons, or stolen property.
• Inadequate defense representation. If you believe that your defense attorney in your initial trial was delinquent in their duty to represent you, you can pursue an appeal on the grounds that your Sixth Amendment right to an attorney was not fulfilled.

If the Wisconsin Court of Appeals determines upon review that there is evidence of errors in the circuit court proceedings, they may rule to overturn your conviction, modify your sentence, or order a new trial.

Contact a Milwaukee Criminal Defense Lawyer Today

A criminal conviction can have lasting effects on your life, health, and career, and you should never have to suffer through a sentence that was issued in error. If you believe you may have grounds for appeal, contact a knowledgeable Wisconsin appeals attorney at 414-271-1440. Our team at Gimbel, Reilly, Guerin & Brown, LLP will do everything in our power to help you protect your constitutional rights.

Sources:

https://www.wicourts.gov/courts/appeals/function.htm

https://docs.legis.wisconsin.gov/statutes/statutes/974