Robin Shellow Attorney | Milwaukee Criminal Appeals Attorney | Wisconsin Criminal Defense Lawyer | The Shellow Group
Hire an attorney with Criminal Defense experience in Milwaukee. Call the criminal defense appeals attorneys at The Shellow Group at 414.263.4488 to schedule your consultation.
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attorney Shellow


Milwaukee Criminal
Appeals Attorney

Appeals are costly and statistically few appeals of criminal convictions are successful. Only rarely will an appellate court reverse a conviction on the grounds that the evidence was not sufficient for the jury to convict. Successful appeals are those which establish that serious errors of law were committed at trial and that these errors either violated rights guaranteed by a constitution or were so serious that an acquittal was probable had the error not occurred.

A competent criminal defense lawyer knows that most defendants are convicted at trial and, accordingly, starts to consider and identify appellate issues at the outset of his or her representation. Under virtually all circumstances, a defendant who claims on appeal that a serious error occurred in the trial court must demonstrate to the appeals court that the trial judge was informed of this error when it occurred and was given an opportunity to correct it or to minimize its impact.

This notice of error to the trial judge is one of the important reasons why the trial lawyer must carefully draft and brief pretrial and trial motions. An error based on the denial of a motion which should have been granted provides the notice required by the appeals court. Similarly, trial counsel should carefully draft and brief jury instructions which accurately express the law governing the case and precisely define what the jurors must find to warrant a conviction. The appeal lawyer must review and analyze every document submitted to the trial court, all of the discovery provided to trial counsel by the prosecution prior to trial, every note, memo, brief, in the file of the trial lawyer and the transcripts of all court appearances by the defendant prior to, during and after the trial, and, only after this review can the Milwaukee appeal lawyer give an opinion whether there are important issues which might succeed on appeal. If such issues appear from these documents, then the issues must be researched and only then can an appeal brief be written.

Experienced Appeals Attorney representation in Milwaukee

Some appeals, such as a claim that the trial lawyer was ineffective in his representation, will probably require taking additional testimony before the trial judge and appellate counsel may decide to call expert witnesses to testify to the errors made by trial counsel.

Finally, a successful appeal does not mean that the case is over. It only means that the defendant is no longer convicted. In most instances the prosecution can retry the defendant on the same charges and attempt to secure a conviction untainted by error.