What happens if I’m found guilty?

If you are found guilty, the judge will decide your sentence. The prosecutor and defense lawyer can make recommendations to the judge about what kind of punishment you should get. A judge cannot give you a harsher sentence than the prosecutor or defense lawyer recommended. The judge can give you a lighter sentence than the prosecutor or defense lawyer recommends, but cannot give you a harsher one. If you are found guilty of a misdemeanor, the judge could sentence you to a fine and up to one year in jail. If you are found guilty of a felony, the judge could sentence you to a fine and between two years and life in prison. The judge could also give you a combination of these sentences, such as a fine and probation or a fine and community service. Judges are not required to follow the recommendations of the prosecutor or defense lawyer. Judges are free to sentence you to a different punishment than they recommend, or to no punishment at all.

1. WHAT IS A CRIMINAL APPEAL IN WISCONSIN?
A criminal appeal is a legal process where a convicted individual seeks to have a higher court review the decision of a lower court for potential legal errors.
Key Points:
1. Purpose:
The goal of an appeal is to determine whether mistakes were made during the trial that affected the outcome.
2. No New Trial:
Appeals are not new trials; no new evidence is presented, and the focus is on the record of the trial proceedings.
3. Consequences:
The appeals court can affirm the conviction, reverse it, or remand it for a new trial.
4. Timeline:
The appeal must be filed within a specific time after conviction, typically 20 days for a notice of intent to appeal.

2. WHAT ARE THE GROUNDS FOR A CRIMINAL APPEAL IN WISCONSIN?
Grounds for a criminal appeal include legal errors that may have occurred during the trial or sentencing.
Key Points:
1. Types of Errors:
Common grounds include improper admission of evidence, jury instruction errors, or prosecutorial misconduct.
2. Ineffective Assistance of Counsel:
Defendants can appeal if they believe their attorney did not provide adequate representation.
3. Constitutional Violations:
Appeals can be based on violations of constitutional rights, such as due process or a fair trial.
4. Sentencing Errors:
If the sentence imposed was unlawful or excessive, the defendant can appeal the sentencing.

3. WHAT IS THE APPELLATE COURT PROCESS IN WISCONSIN?
The appellate court process involves a higher court reviewing the lower court’s decision based on legal briefs and oral arguments.
Key Points:
1. Filing Briefs:
Both sides submit written briefs outlining their arguments. The appellant’s brief explains the alleged errors, and the appellee’s brief argues why the conviction should stand.
2. Oral Arguments:
In some cases, the appellate court may schedule oral arguments where lawyers present their case and answer the judges’ questions.
3. Court Decision:
The appellate court issues a written decision either affirming, reversing, or modifying the lower court’s ruling.
4. Timeline:
The appellate court typically takes several months to issue a decision.

4. CAN NEW EVIDENCE BE INTRODUCED IN A WISCONSIN CRIMINAL APPEAL?
No, new evidence cannot be introduced during a criminal appeal.
Key Points:
1. Record Review:
Appeals focus strictly on the trial record, including transcripts, evidence admitted during the trial, and any legal motions made.
2. Exceptions:
New evidence can be raised in a post-conviction motion for relief, but not directly in an
appeal.
3. Remand:
If the appellate court finds an issue that warrants further investigation, it can remand the case to the trial court for additional proceedings.
4. Post-Conviction Relief:
A defendant can file a motion for post-conviction relief if they have newly discovered evidence.

5. WHAT HAPPENS IF A WISCONSIN CRIMINAL APPEAL IS SUCCESSFUL?
If a criminal appeal is successful, several outcomes are possible.
Key Points:
1. Reversal of Conviction:
The appellate court may reverse the conviction, meaning the defendant could be acquitted of the charges.
2. New Trial:
The court may remand the case for a new trial if the error affected the fairness of the original trial.
3. Sentence Modification:
The appellate court could modify the defendant’s sentence if there were sentencing errors.
4. Partial Success:
Sometimes, only some charges may be overturned or modified, while others remain upheld.

6. WHAT IS A POST-CONVICTION MOTION IN WISCONSIN?
A post-conviction motion is a request made by a defendant after a conviction to have the trial court review issues like new evidence or legal errors.
Key Points:
1. Timing:
Post-conviction motions are typically filed within 60 days after sentencing.
2. Grounds:
Common grounds include newly discovered evidence, ineffective counsel, or constitutional violations.
3. Relief Sought:
Relief can include vacating the conviction, reducing the sentence, or ordering a new trial.
4. Appeal After Motion:
If the post-conviction motion is denied, the defendant can appeal that decision as well.

7. WHAT IS THE DIFFERENCE BETWEEN A DIRECT APPEAL AND POST-CONVICTION RELIEF IN WISCONSIN?
A direct appeal challenges the legal errors of a trial, while post-conviction relief addresses issues that arise after the trial.
Key Points:
1. Direct Appeal:
Focuses on legal errors made during the trial, such as improper jury instructions or incorrect rulings on evidence.
2. Post-Conviction Relief:
Deals with issues like new evidence or ineffective assistance of counsel that were not addressed during the trial.
3. Timing:
A direct appeal must be filed soon after conviction, while post-conviction relief can be sought later, after the direct appeal is exhausted.
4. Court Process:
Direct appeals are heard by appellate courts, while post-conviction relief motions are reviewed by the trial court.

8. WHAT HAPPENS IF THE APPELLATE COURT UPHOLDS MY CONVICTION IN WISCONSIN?
If the appellate court upholds the conviction, the defendant may have further legal options.
Key Points:
1. State Supreme Court:
The defendant can petition the Wisconsin Supreme Court to review the case, though the court has discretion on which cases it hears.
2. Federal Appeal:
A federal appeal can be filed if there are federal constitutional issues at stake.
. Exhaustion of Remedies:
Defendants must exhaust state-level appeals before pursuing federal relief.
4. Finality of Conviction:
If all appeals are denied, the conviction is considered final, and the defendant will continue to serve their sentence.

9. WHAT ROLE DOES THE WISCONSIN COURT OF APPEALS PLAY IN A CRIMINAL APPEAL?
The Wisconsin Court of Appeals is the first level of appellate review for criminal cases.
Key Points:
1. Intermediate Court:
It is an intermediate court that reviews trial court decisions to ensure proper legal standards were applied.
2. Jurisdiction:
The Court of Appeals has jurisdiction over appeals in criminal, civil, and administrative cases.
3. Panels:
Cases are reviewed by panels of three judges, who decide based on legal briefs and, sometimes, oral arguments.
4. Binding Decision:
The Court of Appeals’ decision is typically binding unless the Wisconsin Supreme Court agrees to hear the case.

10. CAN A CRIMINAL APPEAL IN WISCONSIN BE WITHDRAWN?
Yes, an appellant can withdraw their appeal at any time before the appellate court issues its decision.
Key Points:
1. Voluntary Dismissal:
The defendant may file a motion to voluntarily dismiss the appeal, which ends the appeal process.
2. Reasons:
Reasons for withdrawing an appeal might include a plea deal, a change of strategy, or the realization that the appeal is unlikely to succeed.
3. Court’s Approval:
The appellate court must approve the withdrawal, but this is generally a formality.
4. Finality:
Once an appeal is withdrawn, the conviction stands as final, and no further appeals can be made on the same grounds.

Different types of criminal charges require different approaches, so it is essential to identify a lawyer who has experience dealing with the particular type of charge that you are facing. According to the search results, the most common criminal charges handled by Chippewa Falls criminal lawyers are DUI, drug offenses, robbery, and internet crimes.

Felony Charges

Felony charges are criminal offenses that are punishable by a prison sentence of more than one year. The most frequent felony charges in the US are typically drug crimes, violent crimes including murder and assault, and property crimes like burglary and theft. Felony charges can potentially entail severe consequences, so it is important to secure the assistance of an attorney who is knowledgeable in such matters.

When facing felony charges, it is crucial to find a lawyer who has experience in handling these types of cases. An attorney who is familiar with the intricacies of felony cases can provide a more effective defense, increasing your chances of a successful outcome.

Domestic Violence Cases

Domestic violence cases necessitate specialized knowledge and experience, so ensure your lawyer is well-versed in this field. The most prevalent types of domestic violence are physical abuse, emotional abuse, sexual abuse, technological abuse, and financial abuse. Physical abuse is the most hazardous and can encompass activities like pushing, restraining, slapping/punching, kicking, scratching, etc. Emotional abuse is more difficult to discern and can be verbal, while sexual abuse has enduring consequences, and financial abuse typically commences with small actions.

When selecting an attorney for a domestic violence case, it is important to consider their experience in similar cases, knowledge of local laws, and dedication to defending your rights. A lawyer with expertise in domestic violence cases can provide the necessary support and guidance throughout the legal process, ensuring the best possible outcome for your situation.