Appeals
Wisconsin Criminal Appeal Lawyers
A conviction is not the end — but in Wisconsin, the clock to appeal can start running right away.
A Conviction Is Not the End. But the Clock Is Already Running.
A guilty verdict feels final. It is not. Trials are run by human beings under pressure, and legal error — an evidentiary ruling that let the jury hear what it should not have, an instruction that misstated the law, a prosecutor who crossed the line — can and does change outcomes. The appellate courts exist to correct those errors. But in Wisconsin, the right to pursue them can be lost fast.
At Strang Bradley, we keep our caseloads deliberately low so we can read every page of the trial record, identify the issues other lawyers miss, and brief them with the precision appellate judges expect. Most of our appellate clients come to us after trial with different counsel — fresh eyes on the record are often an advantage.
Grounds for a Criminal Appeal in Wisconsin
An appeal is not a second trial — the Court of Appeals reviews the existing record for legal error. Issues we regularly brief include:
- Evidentiary errors — improperly admitted other-acts evidence, hearsay, or unreliable expert testimony
- Erroneous jury instructions that misstated the elements or the burden of proof
- Insufficiency of the evidence to support the verdict
- Prosecutorial misconduct in argument, disclosure, or plea negotiations
- Denial of a suppression motion — unlawful searches, seizures, or coerced statements
- Errors in sentencing, including reliance on inaccurate information
- Ineffective assistance of trial counsel (raised through a postconviction motion)
How the Wisconsin Criminal Appeals Process Works
The process moves in defined stages, each with its own deadline:
- Notice of intent to pursue postconviction relief
- Ordering and review of the complete transcripts and circuit court record
- A postconviction motion in the circuit court, a notice of appeal, or both — depending on the issues
- Full briefing in the Wisconsin Court of Appeals, and oral argument where granted
- If necessary, a petition for review in the Wisconsin Supreme Court
Issue selection is important. Appellate judges are skeptical of briefs that throw every possible argument at the wall. Our approach is to find your strongest issues and brief them thoroughly, candidly, and persuasively.
Why Choose Strang Bradley for Your Criminal Appeal
Appeals are won on the record and in the briefs — a different craft from trial work, and one this firm was built around. Our attorneys have briefed and argued appeals in the Wisconsin Court of Appeals, the Wisconsin Supreme Court, the Seventh Circuit, and the Supreme Court of the United States, including United States v. Booker, which reshaped federal sentencing nationwide. We will give you an honest assessment of your realistic prospects before you commit to an appeal.
Answers
Criminal Appeals FAQs
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How long do I have to appeal a criminal conviction in Wisconsin?
Not long. The notice of intent to pursue postconviction relief is generally due within weeks after sentencing. Missing that deadline can forfeit your direct appeal rights, so contact an appellate lawyer immediately — even if you are still deciding whether to appeal.
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Can I stay out of custody while my appeal is pending?
Sometimes. Wisconsin law allows a court to grant release pending appeal, considering factors such as flight risk, danger to the community, and whether the appeal raises substantial issues. We can seek release as part of the appellate strategy.
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What happens if I win my appeal?
It depends on the error. The court may order a new trial, resentencing, suppression of evidence, or outright dismissal. Many successful appeals result in a new trial at which the State must decide whether it can still prove its case — often with weakened evidence.
Convicted in Wisconsin? The appellate clock is measured in days.
Call or text (608) 535-1550 for a free, confidential consultation. Tell us what happened and we’ll tell you honestly whether you have an appeal worth taking.
