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What is the Criminal Appeals Process in Wisconsin?
Being convicted of a serious crime — especially a white-collar or high-profile offense — is not necessarily the end of the road. In Wisconsin, the law provides the opportunity to challenge a criminal conviction through the appeals process. Whether the issue involves procedural errors, improper jury instructions, or newly discovered evidence, a successful appeal can mean the difference between years behind bars and full exoneration.
At Gimbel, Reilly, Guerin & Brown, LLP, our team of Milwaukee appellate attorneys have extensive experience representing clients in complex and high-stakes criminal appeals. With a deep bench of legal talent, strategic resources, and a history of defending clients in white-collar and high-profile criminal cases, we understand what it takes to uncover errors, build compelling legal arguments, and fight for justice — even after a guilty verdict.
What Is a Criminal Appeal?
An appeal is not a new trial. It is a formal request for a higher court to review the lower court’s decision to determine whether legal mistakes were made that affected the outcome of the case. Appeals are handled by appellate courts, and the process focuses on legal arguments rather than re-trying facts or introducing new witnesses.
In Wisconsin, appeals from criminal convictions usually begin in the Wisconsin Court of Appeals, and in some cases, they may proceed to the Wisconsin Supreme Court.
Who Can File an Appeal After a Criminal Conviction?
Anyone convicted of a crime in Wisconsin — whether through a trial or a guilty plea — may have grounds to file an appeal. However, not every appeal will be successful. To prevail, the appellant (the person appealing) must show that a significant legal or constitutional error occurred during the original proceedings.
In white-collar or high-profile criminal cases, the issues are often nuanced and deeply tied to constitutional protections, such as:
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Due process violations
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Improperly admitted evidence
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Judicial misconduct or bias
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Ineffective assistance of counsel
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Errors in jury instructions
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Sentencing errors or excessive punishment
Even a single mistake by the trial court may be enough to justify a reversal or a new trial.
The Criminal Appeals Process in Wisconsin
Notice of Intent and Postconviction Motion
The appeals process begins shortly after sentencing. In most cases, the defendant must file a Notice of Intent to Pursue Postconviction Relief within 20 days of sentencing. This preserves the right to appeal.
Next, the defense may file a postconviction motion with the trial court, asking for relief such as a new trial, a modified sentence, or withdrawal of a guilty plea. This stage allows the trial court to address issues before the appeal goes to the appellate court.
Filing the Appeal
If the postconviction motion is denied — or if the defense proceeds directly to appeal — the next step is filing a Notice of Appeal and then a brief with the Wisconsin Court of Appeals. The brief outlines the legal arguments, cites relevant statutes and case law, and explains how the lower court’s errors affected the case outcome.
The State (as the respondent) then files its own brief, defending the conviction. The appellant may file a reply brief. In some cases, the court schedules oral arguments, where attorneys argue their positions before a panel of judges.
Decision by the Court of Appeals
The Court of Appeals will issue a written decision, which may:
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Affirm the conviction (uphold the result)
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Reverse the conviction (overturn the result)
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Remand the case back to the trial court for further proceedings
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Order a new trial
If the appeal is unsuccessful, the defendant may petition for review by the Wisconsin Supreme Court. However, the Supreme Court accepts a limited number of cases — typically those involving significant legal questions or matters of statewide importance.
Appeals in White-Collar and High-Profile Criminal Cases
White-collar crimes — such as fraud, embezzlement, tax evasion, and insider trading — often involve complex paper trails, financial data, and sophisticated prosecutorial strategies. The stakes are high: Convictions can carry long prison sentences, massive fines, and lasting reputational damage.
Likewise, high-profile criminal cases may suffer from media bias, rushed investigations, or pressure to convict, which increases the likelihood of procedural errors. Our appellate attorneys are skilled in reviewing vast trial records, challenging the admissibility of evidence, and uncovering mistakes that may have influenced a jury’s decision.
We have represented executives, public figures, professionals, and business owners throughout Wisconsin whose reputations, freedom, and futures were on the line — and in many cases, we have helped overturn wrongful convictions and secure favorable outcomes post-trial.
Why Experienced Appellate Counsel Matters
Not all criminal defense attorneys handle appeals. Appellate work requires a different skill set, the ability to craft persuasive legal arguments, a deep understanding of appellate procedure, and meticulous attention to the trial court record.
At our Milwaukee law firm, our attorneys have decades of combined experience not only in defending criminal charges but also in winning criminal appeals. We handle every case with the utmost discretion, professionalism, and tenacity. We also bring a strategic, team-based approach to each appeal — combining litigation, research, and investigative resources to present the strongest possible case.
Time Is Critical in Filing Criminal Appeals
The deadlines for filing appeals in Wisconsin are strict. Missing even one can mean losing your chance to challenge a conviction. If you believe you were wrongfully convicted — or that a serious legal error occurred during your trial — it is essential to speak with an experienced appellate attorney as soon as possible.
Contact a Milwaukee Criminal Appeals Lawyer Today
If you or a loved one has been convicted of a white-collar or high-profile crime and you believe the trial was flawed or unfair, you do not have to face the appeals process alone. Contact Gimbel, Reilly, Guerin & Brown, LLP at 414-271-1440 to speak with a Milwaukee, WI criminal defense attorney who has the resources, insight, and appellate experience to fight for your freedom. Let us review your case and help you take the next step toward justice.
Our firm offers sophisticated, aggressive, and strategic representation for clients facing serious white-collar and high-profile criminal convictions across Wisconsin. Whether you are seeking to reverse a conviction, reduce a sentence, or clear your name, we are ready to help you fight back. Attorneys Nicole M. Masnica and Jason D. Luczak head the criminal appeals team at GRGB.
