Is it Possible to Overturn a Wrongful Conviction in Wisconsin

Is it Possible to Overturn a Wrongful Conviction in Wisconsin?

Posted on September 16,2024 in Criminal Defense

If you have been convicted of a crime in Milwaukee, you may wonder if there is a way to challenge the court's decision. The appeals process allows you to ask a higher court to review the case for legal errors that may have affected the outcome. It is important to know that an appeal is not a new trial. Instead, it focuses on whether mistakes were made during the original trial that led to an unfair conviction. A notice of appeal must be filed quickly after sentencing, usually within 20 days in Wisconsin. From there, the appellate court will review the trial's record and determine if legal errors occurred that warrant reconsideration.

This process can be complex, so working with an attorney who has experience handling appeals is essential. A Milwaukee criminal appealsattorney can guide you through each step and ensure that your appeal is filed on time.

What Are Common Grounds for Appealing a Conviction?

Not all cases can be appealed, and a conviction can only be overturned under specific circumstances. Common grounds for appeal include violations of constitutional rights, improper jury instructions, or errors in the admission of evidence. For instance, if key evidence was admitted that should have been excluded due to being improperly obtained, this could be grounds for appeal. Likewise, if the judge gave the jury misleading instructions, this could also lead to an unfair conviction.

It is important to note that simply disagreeing with the verdict is not enough to file an appeal. There must be a legal basis showing that something went wrong during the trial. An attorney with knowledge of the appeals process can carefully review your case to identify whether such errors occurred and what arguments can be made on appeal.

How Can a Conviction Be Overturned?

If the appellate court finds that significant legal errors occurred, it may overturn the conviction or order a new trial. A conviction can be overturned if the court agrees that the trial errors were severe enough to impact the outcome of the case. This does not always result in immediate freedom, as the prosecution may have the option to retry the case. In some instances, the appellate court may reduce the sentence or change the conviction to a lesser charge.

The process of overturning a conviction is difficult, and success is never guaranteed. However, with the help of a skilled attorney, you will have the best chance of presenting a strong argument. An attorney can compile a compelling appeal by analyzing trial records and citing relevant legal precedents.

When Can a Case Be Retried Without Violating Double Jeopardy?

The Double Jeopardy Clause of the U.S. Constitution protects people from being tried twice for the same crime. However, there are certain situations where a case can be retried without violating this protection. For instance, if a conviction is overturned on appeal due to legal errors, the prosecution may be allowed to retry the case, as long as the appellate court does not dismiss the charges entirely. This is because the first trial is considered invalid due to the errors. Double jeopardy does not apply if the first trial ends in a mistrial or if the defendant successfully appeals the conviction. However, if the defendant is acquitted, they cannot be tried again for the same offense. An attorney can help explain whether retrial is an option in your case and how double jeopardy laws may apply.

How Can an Attorney Help with the Appeals Process?

Navigating the appeals process can be overwhelming, but an experienced Milwaukee criminal appeals attorney can provide the support you need. A qualified attorney will review the trial records in detail, identify potential legal errors, and craft persuasive arguments for the appellate court. Attorneys understand the complexities of filing deadlines, legal briefs, and oral arguments, all of which are critical to a successful appeal.

The appeals process is not something you want to handle alone. Working with a dedicated attorney gives you the best chance to challenge the conviction and seek justice. If you believe legal errors affected the outcome of your trial, contact a Milwaukee criminal appeals attorney at Gimbel, Reilly, Guerin & Brown, LLP for guidance. Call 414-271-1440to schedule a consultation today.

Call 414-271-1440to Schedule a Consultation with our Milwaukee, WI Criminal Defense and Civil Rights Attorneys

At Gimbel, Reilly, Guerin & Brown, LLP, we believe everyone accused of a crime is innocent until proven guilty. We also know that the criminal justice system often gets things wrong. If you or a loved one have been convicted of a crime of which you are innocent, you deserve a fair chance to set the record straight, get out of jail, and move on with your life. Call 414-271-1440to learn more about your options for getting a wrongful conviction overturned. Our Milwaukee, Wisconsin criminal conviction appeal attorneys look forward to speaking with you.

Public link

Please use the above public link if you want to share this noodl on another website.