Milwaukee Attorneys for Theft and Burglary Appeals
Taking something that doesn’t belong to you should be a simple crime with simple legal rules. However, depending on the circumstances, you could face a variety of charges, from theft to burglary to embezzlement. These charges all have different penalties and impact your life in different ways. No matter the situation, a conviction can have long-reaching consequences that can change your life.
Have you been convicted of theft or burglary in Wisconsin? Do not lose hope. Turn to an experienced Milwaukee criminal appeals attorney for help. At Hart Powell, S.C., we are committed to helping you understand the appeals process and giving you an honest assessment of your current legal situation. Our ultimate goals are to protect your rights and earn the best outcome possible for your circumstances.
Ready to talk to an appeals attorney with the dedication and resources to help you? Call our Milwaukee office at (414) 271-9595 to set up a confidential consultation.
Do You Need a Theft and Burglary Appeals Attorney?
A conviction for a criminal offense can seem like a finality. However, a criminal conviction does not have to signal the end of the road. You could continue to fight for your freedom with the help of an experienced Milwaukee appeals attorney. Why do you need an appeals attorney? The criminal appeal process can be lengthy and complex. It is not simply a matter of filing paperwork and asking for a review of the situation.
Presenting an appeal can be challenging. An appeal operates under a different and unique set of legal rules than a criminal trial. An appeal is a legal process for contesting the validity of your conviction by calling into question legal discrepancies or presenting examples of misconduct. An appeal is a request. It is a request presented to a higher court to ask them to review the decision of a lower court due to an error. In an appeal, you cannot call witnesses or present new evidence.
For the best possible outcome, you need to put your appeal in the hands of a skilled and resourceful appeals attorney who knows what it takes to build a compelling case. At Hart Powell, S.C., our attorneys have extensive knowledge of the Wisconsin legal system. We use this knowledge to identify potential issues in your original case that can be used to mount a compelling appeal on your behalf.
What Are Theft and Burglary?
Wisconsin defines theft as the intentional transfer of property without the consent of the property’s owner. Theft is taking something that doesn’t belong to you. However, numerous kinds of activity can be considered theft, like burglary, embezzlement, or shoplifting. These unique categories of theft have distinct legal definitions and penalties.
Burglary is differentiated from theft in that a burglary occurs when an individual unlawfully enters a residential or commercial building intending to take property that does not belong to them.
Like other states, Wisconsin classifies theft according to the value of the property taken. Theft can range from a Class A misdemeanor punishable by fines and nine months behind bars to a Class F felony punishable by steep fines and up to 12.5 years in prison.
Theft and burglary are not victimless crimes. Wisconsin courts can lay out severe punishments, and a conviction can result in financial penalties and significant prison time in some cases. A criminal conviction can reshape a person’s life, making it difficult to find employment, housing, and pursue educational opportunities. You may be stuck and feel like you are unable to get ahead.
Filing a Theft or Burglary Appeal
After a theft or burglary conviction, you may still have legal options available. Mounting an appeal is one way to fight back. Unfortunately, the appeals process can be time-consuming and complicated, which is why you need the advice of an experienced Milwaukee appeals attorney to help you through the process.
The first step in the appeals process is to file a Notice of Intent. This document notifies the court system that you plan to appeal your conviction. This document must be filed within twenty days of your sentencing. You do not have unlimited time to review and discuss your legal options. You and your attorney should discuss the type of relief you are seeking. Do you want to continue with an appeal? Are you seeking a modified sentence or withdrawal of a guilty plea?
The next step in the process is filing an official Notice of Appeal. Once filed, your attorney will begin to prepare an appellant brief. This legal document outlines the facts of your case, the grounds for review, and the arguments your attorney wishes to address. An appellant brief needs to specifically address the errors, mistakes, or misconduct you believe gives you the right to pursue a reversal in your case.
Typically, a District Court of Appeals reviews the brief. There is no timetable for the review, meaning this portion of the appeals process can be lengthy and feel immensely time-consuming. A hearing may be the next step, where your appeals attorney and the state present their oral arguments. Depending on the strength of your appeal, appellate judges can modify, affirm, or reverse the initial judgment. A judge may also remand the case to a circuit court for a new trial.
Contact an Experienced Milwaukee Appeals Attorney Today
A theft or burglary conviction doesn’t mean you stop fighting for your freedom. At Hart Powell, S.C., our aggressive team of appeals attorneys can help you build a compelling appeal that offers you the best chance possible at regaining control of your life.
If you’ve been convicted of theft or burglary, contact an experienced Milwaukee criminal defense attorney immediately for a confidential consultation. At Hart Powell, S.C., we can review the specifics of your case and discuss the ways we may be able to help you mount a strong appeal. Call our office today at (414) 271-9595.