A conviction means that someone has been found guilty of a crime which occurs after a defendant pleads guilty, or, a judge or jury decides that a defendant is guilty. Following a conviction, a judge can sentence a defendant to incarceration, fines, probation, supervision or community service or a combination thereof.
Post Conviction Actions
If a defendant plead guilty and believes that the sentence is too harsh, he or she can ask the judge to reconsider the sentence, or even withdraw the guilty plea, restarting the process from the beginning. All requests are time sensitive so it is important to work with an experienced criminal defense post conviction relief attorney for the best possible outcome.
Post Conviction Appeals
If a defendant believes that serious errors were made in their case, they may appeal a conviction in Wisconsin. Through the appeals process, your attorney submits a request to a higher court or appellate court to review your case with the hope that an appellate court will reach a different decision than the lower court or trial court.
A defendant can challenge the conviction itself or the sentence they received. Motions alleging errors in the trial or ineffective assistance from counsel are common reasons to appeal a conviction, while an inability to pay the consequences may be reasons to appeal a sentence. It is important to note, however, that having an appeal heard is exceptional, so it is in an individual’s best interest to seek the help of an experienced criminal defense attorney the moment you are charged with a crime.
If you or a family member has been arrested, or is being investigated for a crime, it is important to get experienced legal help to fight the charges you face before the case goes to the courts. Contact the Waukesha criminal defense lawyers of Andrew C Ladd, LLC for assistance at 262-542-3900.