Criminal Appeals, Postconviction, and Internet Crimes Against Children
Practice
Experienced child pornography lawyers handling sensitive cases with discretion, strategic defense planning, strong legal representation from start to finish.
Our criminal appeal attorney represents clients in state and federal appeals, identifying legal errors and building strong arguments to pursue fair outcomes.
Representation in direct appeals from criminal convictions in Wisconsin state courts, addressing trial errors, evidentiary issues, and constitutional violations.
Specialized representation and consultation in cases involving the anonymous peer-to-peer network Freenet/Hyphanet, with expertise in Fourth Amendment technology issues.
Representation of victims of domestic abuse, stalking, and harassment in injunction proceedings on a case-by-case basis.
Experienced habeas corpus lawyer handling Federal habeas corpus petitions, and post-conviction relief for inmates nationwide in federal courts today now.
Preparation and argument of petitions to the Wisconsin Supreme Court, seeking review of Court of Appeals decisions in criminal cases.
Trusted postconviction lawyers providing strategic postconviction relief attorney services to overturn convictions and protect your legal rights fully now.
Specialized petitions addressing ineffective assistance of appellate counsel in Wisconsin criminal cases.
Skilled federal appeals lawyer focused on federal habeas petition litigation, safeguarding constitutional rights and pursuing justice for clients nationwide.
Motions seeking reduction or modification of criminal sentences based on new factors or changed circumstances.
Challenges to a conviction filed after an unsuccessful direct appeal or after the timeline for a direct appeal has expired.
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Challenges to a conviction filed after an unsuccessful direct appeal or after the timeline for a direct appeal has expired.
A collateral attack is a motion filed in the original criminal case challenging the conviction once the time for a direct appeal has expired or a direct appeal was unsuccessful. Unlike a direct appeal, the issues that can be raised in a collateral attack are significantly limited by statute to certain types.
These motions are limited to constitutional claims and can only be raised by an individual who is still in custody, which includes individuals on extended release, probation, or parole, as well as those still serving terms of imprisonment or jail sentences. There is no deadline to file a collateral attack.
A collateral attack following a direct appeal, or a collateral attack following a previously-filed collateral attack, cannot raise issues that were already raised in the previous proceedings. Additionally, the defendant must demonstrate "sufficient reason" why the new claims were not previously raised in the direct appeal or first collateral attack. "Sufficient reason" can include the failure of prior appellate counsel to recognize and develop a particular challenge. It is not enough that the prior attorney omitted an issue if doing so was a strategic decision, unless no reasonable appellate attorney would have omitted the issue in question.