If you've been convicted of a crime in Wisconsin, you're not without options. Every person under Wisconsin law has the right to appeal their convictions to higher courts through the appeal process. However, winning post-conviction relief requires understanding the process, acting quickly, and making strategic decisions that can determine the outcome of your case.
The reality is that the post-conviction relief process can be complicated, especially for those who haven't been through it before. One missed step or overlooked detail can spell disaster for your chances of getting a case heard before an appellate court. Here's what you need to know to maximize your chances of success.
Act Within the Critical 20-Day Window
The most important factor in winning post-conviction relief is timing. You must file a Notice of Intent to Pursue Post-Conviction Relief within 20 days of your sentencing hearing. This critical step preserves your right to seek relief from the conviction or sentence and is a mandatory first step in the appeals process.
It's crucial to adhere to this 20-day timeframe, as failing to do so can forfeit the right to post-conviction relief. With a little over two weeks to file this notice, it's important to make a decision relatively quickly. If you had legal representation during your trial, your attorney is obligated to file this document on your behalf upon your request.
Understand Your Strategic Options
Post-conviction relief in Wisconsin refers to the legal avenues available to challenge a conviction or sentence after the trial has concluded. This process allows individuals to address potential errors that occurred during the trial or sentencing phases. Your strategic approach will depend on the specific issues in your case:
Direct Appeals
A direct appeal can only be submitted if the basis for appeal includes all issues previously raised during the trial court proceedings. If any other rationale is made, including issues not set in the record, they must first be addressed in trial court through a post-conviction motion. This includes any claim of ineffective assistance of counsel during trial court proceedings.
Post-Conviction Motions
These are filed in the trial court and are necessary when raising issues that weren't previously addressed during the original proceedings. Depending on the issues raised in appeal and what legal issues you might have, there are certain issues where you are required to file a post-conviction motion in the trial court before you can proceed further with a direct appeal.
New Evidence Considerations
If new factors have come to light which were not known to the court that handed down sentencing, a two-step process can lead to a potential sentence modification. A new factor is a factor of circumstance which is highly relevant to the sentence imposed which either did not exist at the time of sentencing or was overlooked by the parties.
First, it falls upon the defendant to present the new evidence and justify it as something significant enough to warrant a modified sentence. This process is not governed by time limitations, but it is in the defendant's best interest to bring evidence to light as soon as it emerges.
Identify Strong Grounds for Appeal
Several situations can serve as the basis for a successful appeal:
- Legal Errors: Assess whether there were errors in the trial process, such as incorrect legal rulings or improper admission of evidence.
- Ineffective Assistance of Counsel: Consider if your trial attorney's performance was deficient and adversely affected the outcome of your case.
- Sentencing Errors: Challenge unlawful or excessive sentences.
- New Evidence: Determine if there is new, substantial evidence that could potentially exonerate you or significantly alter the verdict.
Navigate the Procedural Requirements
Once the Notice of Intent is filed, Rule 809.30 sets forth procedural deadlines for the ordering of transcripts, the appointment of counsel (if appropriate), and the compilation and review of the trial court record. Adhering to these timelines is essential, as missing them can jeopardize your ability to appeal.
The appeals process involves filing an Appellant's Brief—a comprehensive document that outlines the facts of your case, the legal grounds for the appeal, and arguments supporting your position. It is essential to clearly articulate the errors that warrant a reversal of the conviction. All issues relating to the appeal must be raised in the initial brief. This sets in motion a back-and-forth process with the government as briefs are filed in response to one another.
Alternative Relief Options
For those who have completed the direct appeal process, there are additional options:
Collateral Attack
This avenue is available for attacking a conviction and/or sentence after the time for filing a direct appeal has lapsed. This is limited to constitutional claims under the United States and Wisconsin Constitutions as well as jurisdictional grounds. In order to bring a motion, the person must be "in custody under sentence of a court" which includes people on probation, parole, and/or extended supervision. There is no deadline for filing this type of motion.
Ineffective Assistance of Appellate Counsel
If an appellate attorney cannot be effective counsel or abandons their client's interests by not complying with procedures or time limits, a claim of ineffective assistance of appellate counsel can be raised through writ of habeas corpus.
Why Experience Matters
An experienced Wisconsin appeals attorney is essential to your chances of being successful. Experienced attorneys have been through the process many times before and can identify and articulate the errors that occurred during your trial—combining this direct experience with the skills needed to craft a compelling brief.
Given the strict deadlines associated with criminal appeals in Wisconsin, navigating the appellate process is complex and requires adherence to strict procedural rules. Getting help from an attorney experienced in Wisconsin appeals can significantly enhance the likelihood of a successful outcome.
Federal vs. State Appeals
If you are subject to a federal conviction, the appeal process is different. A notice of appeal must be filed within fourteen days of the entry of the judgment of conviction. Note that federal appeals are much more complicated than state cases.
Federal habeas corpus allows a person convicted in state court and currently in custody to raise a challenge to that custody on the grounds that the sentence or underlying conviction was imposed in violation of the federal Constitution. This petition must be filed within one year after the direct appeal from the state conviction becomes final.
Understanding Your Appeal Timeline
If your initial appeal is denied, time remains critical. You only have thirty days to seek review in the Wisconsin Supreme Court by filing what's called a Petition for Review, which is like a brief, and it must be filed within 30 days. If it's not filed within 30 days, the Court doesn't even have the power to look at it.
Appeals Success Story
Post-conviction relief can achieve remarkable results. Consider this client's experience:
"I was involved in an argument with my wife and was unable at that time to afford an attorney or have one appointed to assist me. The District Attorney offered for me to plead guilty to disorderly conduct as a domestic offense. I accepted that offer and was placed on probation for a period of one year. I had no idea that I was not able to possess a firearm because of the domestic conviction and I was never informed about this restriction.
The restriction became a serious problem for me, affecting my employment as a truck driver because sometimes I would have to haul military equipment including ammunition and weapons and because of the conviction I could not.
I researched the best attorneys in Wisconsin at doing appeals and contacted Stangl Law Offices, S.C. I explained my situation to Pat and he was extremely helpful. Luckily I contacted him within the time to appeal my conviction and luckily he decided to help me out. Pat advised that he would have to file a post-conviction motion to try and be able to withdraw my guilty plea, but he said it was likely that we would lose in front of the judge that accepted the guilty plea.
Pat was right and the trial judge denied the very lengthy and detailed motion that was filed. He then advised the only opportunity we would have from there would be to appeal to the Court of Appeals which we did. Pat did a tremendous amount of work on my behalf and never quit fighting for me. After he filed our brief in the Court of Appeals the State agreed that the judge made a mistake in not granting us a hearing on the post-conviction motion.
The Court of Appeals then sent the case back to the same judge for a hearing on the motion to withdraw my guilty plea. Prior to a very long and involved hearing, Pat negotiated a settlement with the District Attorney which the court approved. The domestic portion of the disorderly conduct charge was reopened, vacated and dismissed.
I no longer have a domestic-related conviction on my record and can now possess firearms and ammunition. Having had the benefit of Attorney Stangl and his firm represent me, it is very clear why he is recognized as one of the best appeals lawyers in the State of Wisconsin. His commitment to excellence in helping his clients and willingness to go the extra mile is both impressive and comforting. I highly recommend Attorney Pat Stangl and Stangl Law Offices, S.C. to anyone looking for an exceptional appeals attorney."
– David
This case demonstrates how experienced appellate counsel can identify judicial errors and successfully challenge convictions, even when initial motions are denied at the trial court level.
Take Action Now
While you have the right to appeal your conviction in Wisconsin, it is imperative to act swiftly and follow the prescribed legal procedures meticulously. The procedural pitfalls and strict time limits involved in seeking relief make it critical to obtain assistance from counsel with appellate experience as soon as possible.
An experienced Wisconsin appeals attorney who has successfully represented clients in both federal and state appellate courts, having convictions reversed and argued before the Wisconsin Supreme Court, can make the difference between success and failure. Look for counsel with published opinions in state and federal courts and extensive experience handling appeals across all types of criminal cases.
Remember, every case is different, and the specific strategy for winning post-conviction relief will depend on the unique circumstances of your situation. The key is understanding your options, acting within the required timeframes, and having experienced representation to navigate the complex appellate process effectively.
If you are interested in appealing your criminal conviction in Wisconsin, consult with Attorney Stangl, an experienced appellate attorney who can guide you through the process and help ensure all procedural requirements are met.
Stangl Law Offices, S.C.