Post conviction remedies, motions & relief
what are post-conviction remedies?
Post-conviction remedies are legal processes through which a person who has been convicted of a criminal offense may seek relief from the conviction or sentence.
Post conviction remedies include post-conviction motions to the trial court, appeals to the Court of Appeals, and petitions to the Supreme Court for review of a decision from the Court of Appeals.
Wisconsin law provides an "automatic right to appeal."
trial court post-conviction motions
Prior to filing an appeal with the Wisconsin Court of Appeals, a convicted person must first seek relief from the trial court, and only after the trial court imposes sentencing.
Motions for post-conviction relief often involve a request to modify the sentence imposed by the trial court judge, a motion for a new trial, or a motion to consider new evidence not previously available during the trial.
trial court post-conviction relief time frame
Generally speaking, a motion for post-conviction relief must be filed within 20 days of the date of sentencing. In certain situations, post-conviction relief may be sought for other periods of time.
appeal to Wisconsin court of appeals
If the motion to the trial court for post-conviction relief fails, the next step is to file an appeal to the Wisconsin Court of Appeals. An appeal to the Wisconsin Court of Appeals must be filed within 20 days of the date of sentencing.
appeal to wisconsin supreme court
If the motion to the Wisconsin Court of Appeals fails, the next step is to file a petition for review to the Wisconsin State Supreme Court within 30 days of the Court of Appeals' decision.
when to contact an appellate attorney
If you believe that your criminal case will result in a conviction, if you have already been convicted, or if you have already been sentenced and believe your sentence is unduly harsh, please consider contacting an experienced criminal appeals attorney.
Your appellate attorney can appeal matters during the trial, and more immediately represent you in a post-conviction action if the attorney is hired and brought into the case as soon as possible. The greatest error made by most convicted person is contacting an attorney too late when so much more could be done if the attorney had been contacted at the first signs of a need for an appeal.
wisconsin criminal appeals attorneys
Wisconsin's rules of conduct for attorneys prohibit them from claiming a specialty in any particular area of law. However, you and I both know that experience makes experts, and those who lack extensive experience in a particular area of law may also (and likely will) lack the extensive experience that complex litigation at the Appellate and Supreme Court level require. It is always in a person's best interest to hire the best attorney for the job at hand.
Appellate attorneys differ in many ways from criminal defense lawyers, drunk driving lawyers or attorneys who practice in other areas of law. If you need an attorney experienced in filing and arguing appeals to the Wisconsin State Court of Appeals (for Wisconsin state criminal cases) or United States District Court of Appeals (for federal criminal cases), please refer to Wisconsin Criminal Appeals Attorneys.