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Wisconsin

State Resource Guide

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The Post-Conviction Process

Click on the underlined links to view more information. 

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Clemency

Victims have rights throughout this whole process. Click here to learn more.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.
  • These can include motions to withdraw a plea, to be resentenced, or for a new trial based on new evidence or problems with how the case has been handled. In certain situations, the prosecution may also file a motion to modify the person’s sentence.
  • Victims can receive information about post-trial motions from the District Attorney’s Office where the crime was prosecuted. Victims should register for Victim Appellate Notification (VANS) by requesting a VANS card from the prosecutor and returning it to the Wisconsin Department of Justice’s Office of Crime Victim Services.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-sentencing motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”
  • On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
  • The Criminal Appeals Unit of the Wisconsin Attorney General’s Office represents the state on direct appeal in felony cases. To receive appeal updates, victims can contact the Wisconsin Department of Justice’s Office of Crime Victim Services about the status of a direct appeal.

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed that are filed after the direct appeal process has ended.
  • These motions can seek many outcomes, including invalidation of the conviction, shortening the amount of time the convicted person must spend in prison, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
  • The Criminal Appeals Unit of the Wisconsin Attorney General’s Office represents the state in felony post-conviction proceedings. To receive post-conviction updates, victims can contact the Wisconsin Department of Justice’s Office of Crime Victim Services. For post-conviction DNA motions, victims can contact the County Clerk of the court where the case was prosecuted to receive a copy of the motion and notification of hearings related to that motion.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under Wisconsin law may go to federal court in a process called “habeas corpus.”
  • Relief in federal habeas corpus is available only in specific and rare circumstances. Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.
  • The Criminal Appeals Unit of the Wisconsin Department of Justice represents the State in federal habeas corpus proceedings. To receive updates, victims can contact the Wisconsin Department of Justice’s Office of Crime Victim Services.

Early Release Programs

These programs can include parole or earning time off a sentence for good behavior or illness.
  • If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in Wisconsin, including parole, release due to an extraordinary medical condition or advanced age, and “good time credits” – which are reductions in a person’s sentence for good behavior in prison.
  • Victims can track the status of an incarcerated person via the DOC Locator or, for county jails, VINE. Victims can enroll in DOC NOTIS to receive information about early release. For questions, concerns, or to request attendance at parole hearings, victims can contact the Parole Commission’s Office of Victim Services and Programs at 1-800-947-5777.

Clemency

In rare cases, the governor may grant the convicted person relief from their sentence or conviction.
  • The governor can grant clemency to people convicted under Wisconsin law. Clemency usually takes the form of a pardon (which forgives a conviction) or a commutation (which shortens a person’s sentence).
  • For information about clemency, victims can contact the Parole Commission’s Office of Victim Services and Programs at 1-800-947-5777. Victims can also email GOVPardons@wisconsin.gov or (608) 266-1212 for an update on clemency applications.

Victims Rights
Post-Conviction

In Wisconsin, victims have the right to:
  • Be treated with dignity, respect, courtesy, sensitivity, and fairness
  • Privacy and reasonable protection
  • Proceedings free from unreasonable delay
  • Notification of proceedings*
  • Presence at all proceedings
  • Timely notification of any release, escape, or death of the individual convicted of a crime*
  • Be heard at any proceeding that involves the victim’s rights, including release, parole, revocation, expungement, or pardon
  • Request restitution and apply for crime victim compensation
  • Enforce their rights through the courts and file a complaint about mistreatment through the Wisconsin Department of Justice

 

* All rights to notification require the victim to provide and update their information with the District Attorney, Attorney General, Department of Corrections, and/or the Board of Paroles and Pardons.

Compensation

  • Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, the [ ] reimburses victims for expenses related to the crime, such as medical costs, lost wages, and funeral expenses.
  • For assistance with the collection of restitution, victims can contact the Department of Corrections Office of Victim Services at 1-800-947-5777 and consult with the County Clerk where the crime was prosecuted. Victims can apply for the Crime Victim Compensation Program. Victims must apply within 1 year of the crime with limited exceptions. For assistance, victims can call (800) 446-6564 or email the Wisconsin Office of Crime Victim Services.
Click here to learn more about the post-conviction process and victims’ rights in Wisconsin

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