Sentence Reductions Under Wis. Stat. §973.19(1)(a)

Posted by Chelsey Dahm-Bradley - July 30, 2015 - Criminal Appeals - No Comments

imagesMany incarcerated people share the same goal: to have their sentence reduced. While filing an appeal can eventually have this result, Wis. Stat.§ 973.19(1)(a) provides a  fast track for incarcerated persons to request a sentence modification before engaging in more timely litigation.

Wis. Stat.§ 973.19(1)(a) provides that, after being sentenced, a person may move the court to modify his sentence where two factors are met:

(1) he has not yet ordered case transcripts, and

(2) he files his request within 90 days after the sentence or order is entered.

See Wis. Stat. § 973.19(1)(a). The benefit of filing a motion for sentence reduction under this statute is that, because the procedure does not constitute a “full blown appeal,” the person will likely obtain a faster decision from the trial court. However, it is important to consider that, by proceeding under Wis. Stat.§ 973.19(1)(a), a forfeits his opportunity to take a “full blown appeal” wherein he can challenge the issues as well as request a sentence modification.

Because it requires the forfeiture of such a substantial right, a sentence reduction under Wis. Stat. § 973.19(1)(a) is only appropriate where the sole claim for postconviction relief relates to the severity of the sentence. In all other instances, an appeal will likely be more appropriate.

To speak with a knowledgeable attorney about the possibility of a sentence modification, contact the Alderman Law Firm today for your free consultation by calling 720-588-3529 (CO) or 608-620-3529 (WI).