Criminal Appeals Attorney Andrew R. Walter
Wisconsin appellate attorney Andrew R. Walter is a respected Wisconsin criminal appeals lawyer. His successful DUI and criminal appeals have been featured throughout Wisconsin media, including The Milwaukee Journal Sentinel, The Janesville Gazette, and The Wisconsin Law Journal. He served as the lead appellate lawyer in several significant Wisconsin criminal appeals, most notably including a victory in the published appellate decision of State v. Sowatzke, 2009AP1990.
Wisconsin DUI and criminal defense lawyers regularly choose appellate attorney Andrew Walter to lead their client’s criminal appeals because of his reputation, experience, and results in Wisconsin criminal appeals. Attorney Walter regularly represents appellate clients in cases from Milwaukee, Waukesha, Racine, Kenosha, Madison, Walworth County, and Rock County.
Contact Wisconsin criminal appeals lawyer Andrew Walter to schedule a free consultation regarding your Wisconsin criminal or DUI appeal.
Prominent Wisconsin Appellate Results
State v. Sowatzke, 2009AP1990 (Waukesha Appeal)-On appeal of our client's Waukesha County case, Attorney Walter argued that the State violated the defendant's right to due process and to be free from ex post facto prosecution. Attorney Walter also argued that the prohibited alcohol content (PAC) is based on the number of prior DUI offenses at the time of driving rather than at the time of trial. The Wisconsin Court of Appeals ruled for the defendant in a published appellate decision.
State v. Halverson, 2011AP240 (Walworth County Appeal)-Attorney Walter represented a Walworth County defendant on appeal who was charged with an OWI based on evidence obtained by an officer who entered the defendant's home to take him into custody. The State claimed that the officer had grounds to take the defendant into custody under the community caretaker doctrine, to protect him from the dangers of intoxication. Attorney Walter argued on appeal that there were insufficient grounds to justify the arrest under the community caretaker doctrine and that the blood test evidence was not sufficiently attenuated from the illegal arrest. The Court of Appeals agreed with both of Attorney Walter's arguments and ruled for the defense. The Walworth County OWI charges were then dismissed. Story in the Janesville Gazette
State v. Steven W., 2012AP2405 and 2406 (Walworth County Appeal)-The State of Wisconsin appealed a Walworth County Circuit Court ruling dismissing the defendant's DUI charges based on an unconstitutional traffic stop. The Wisconsin Attorney General filed an appellate brief arguing that the stop was justified because the officer had a good faith belief that the defendant was operating a motorcycle with an improper windshield. Attorney Walter then filed his appellate brief, and the Attorney General conceded the appeal, stating that it decided not to pursue the appeal after reviewing Attorney Walter's appellate brief.
State v. Kelley, Jackson County 2009CF18-Attorney Walter took over the case on appeal after the client had been sentenced to ten years in prison for selling cocaine. Attorney Walter filed a postconviction motion in the circuit court alleging that the State breached the plea agreement at the sentencing hearing by having a police officer request a lengthy sentence when the District Attorney had agreed to remain silent. The circuit court granted Attorney Walter's postconviction motion and ordered resentencing in front of a new judge. The client was then sentenced to two years in prison, eight years less than the original sentence.
Common Wisconsin Criminal Appeal Issues
- Sufficiency of the Evidence
- Appeal of an Excessive Sentence
- Appeals From an Improper Decision on a Motion to Suppress Evidence
- Breach of Plea Agreement
- Ineffective Assistance of Counsel
- Appeals of Circuit Court Counting Prior OWI Offenses
Criminal Appeals FAQ
Can an attorney request that I be released from jail pending my appeal?
Yes, Wisconsin law allows a court to stay your jail sentence and release you on bond pending your appeal. It is important that your appeals lawyer file a motion that gives the court enough information to see that there are legitimate appellate issues and that you are not likely to flee while the lawyer appeals your case. We have obtained release pending appeal for several felony and misdemeanor clients. Appellate review of the circuit court's bond decision is also available in the Wisconsin Court of Appeals. Call or email Wisconsin criminal appeals lawyer Andrew Walter for a free consultation.
It has been several months since my conviction. Can I still file an appeal of my criminal or DUI conviction?
You may have waived your right to appeal your criminal conviction if you or your lawyer did not file a Notice of Intent to Seek Post-Conviction Relief within twenty days of the final judgment. However, you or your appeals lawyer can request an extension of Wisconsin appellate time limits. You should speak with a knowledgable Wisconsin criminal appeals lawyer as soon as possible to discuss your chances of receiving an extension of time to file your appeal.
Contact Wisconsin criminal appeals lawyer Andrew Walter for a free consultation.
How does the Wisconsin appellate process work? How long before a decision on my appeal?
An appeal begins by the appellate lawyer filing a Notice of Intent to Seek Post-Conviction Relief and requesting transcripts of all hearings. When Attorney Walter receives all transcripts, he reviews them and court record looking for possible issues to appeal. Depending on the appellate issues in your case, you may have to seek relief in the trial court first. Otherwise, the appellate attorney files a Notice of Appeal and an appellate brief in the Wisconsin Court of Appeals. The District Attorney or the Wisconsin Attorney General will also file an appellate brief. We then wait for the Court of Appeals to review the appellate attorney's briefs and issue a decision. The Wisconsin criminal appeal process usually takes about ten months in the Wisconsin Court of Appeals. Appeals cases that result in published appellate decisions or review in the Wisconsin Supreme Court can take significantly longer.
Contact Wisconsin criminal appeals lawyer Andrew Walter for a free evaluation.
Will my case have to go all the way through an appeal, or is settlement possible?
A good appeals lawyer should explore all options. Attorney Walter recently negotiated significantly reduced prison sentences for several of our appellate clients. In those cases, Attorney Walter drafted briefs or motions detailing all of the issues for appeal. He then discussed the appellate issues with the prosecuting attorney. In those cases, the prosecuting attorney decided that the State was better served by avoiding an appeal. This will not be possible in all appeal cases, but a Wisconsin appellate attorney should at least discuss this option with an appeals client.
Wisconsin Criminal Appeals and Appellate Law Updates
April 17, 2013-United States Supreme Court Finds Search Warrants Required for DUI Blood Draws
In Missouri v. McNeely, the Supreme Court rejected warrantless blood draws in OWI cases unless the prosecution shows exigency. Previously Wisconsin appellate courts have held that police may forcibly draw blood, without a warrant, from any defendant who has been lawfully arrested for OWI charges. The justification has been that the rapid dissipation of alcohol from the blood combined with the length of time getting a warrant requires automatically constitutes an exigent circumstance. The Supreme Court's McNeely decision rejects that approach; the Court found that technology has evolved to the point where obtaining a warrant will ordinarily take a very short time. Therefore, a warrant will be required unless the State demonstrates that, based on the circumstances in a particular case, it would have taken too long or been impossible to get a warrant. This requirement does not apply in cases where OWI arrestees consent to a blood draw.
Whether this warrant requirement applies to blood draws and OWI arrests prior to April 17 is an issue that will have to be resolved in a future case.
Contact Wisconsin Appellate Attorney Andrew Walter or call (262) 743-1290 for a free consultation.
Walter Law Offices
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