How does the appeals process work?
In federal and state cases, a defendant who received an unfavorable verdict in his or her case has the right to appeal to a higher court in an attempt to modify or reverse the original ruling. Appeals can either be “permissive,” meaning they can be approved or denied by the appellate court, or “appeals of right,” which are guaranteed to be considered. Appeals of a criminal conviction are appeals of right and will always be taken in the appellate court; however, while the new judge may choose to reverse or modify the conviction, he or she can also affirm the ruling.
Criminal defendants have a constitutional right to an attorney, and can either retain his or her own lawyer or have a criminal defense lawyer appointed by the State Public Defender’s Office.
The appeal process involves four steps:
1. Notice of Intent to Pursue Post-conviction Relief
2. Motions for Post-conviction Relief
3. Notice of Appeal
4. Court of Appeals Decision
The attorneys at Hart Powell, S.C., have dealt extensively with the Milwaukee appellate court, and we can offer excellent representation in your criminal conviction appeal. Call us today at (414) 271-9595 to find out more.