What is a Collateral Attack in Wisconsin Appeals?

Many people do not realize that, under certain circumstances, it is possible to challenge a conviction even after the time for filing a direct appeal has long expired, or after losing the direct appeal.

Such appeals are known as collateral attacks, and are most commonly pursued under Wisconsin Statute § 974.06. In order to pursue a collateral attack, a person must be in “custody” as defined by the statute. Individuals who are no longer incarcerated may be considered to be in custody for purposes of this statute if they are on parole, probation, or extended supervision.

Wis. Stat. § 974.06 permits a challenge to the conviction and sentence under various, limited circumstances.  For example, under this statute, a person may challenge a conviction and/or sentence if the sentence violates the Constitution, if the court lacked jurisdiction to impose the sentence, or if the sentence exceeds the maximum legal sentence.

An action under Wis. Stat. § 974.06 action starts in the circuit court, and may proceed to the Wisconsin Court of Appeals and Wisconsin Supreme Court.

If you are interested in having a Wisconsin appeals lawyer assist with challenging a conviction under Wis. Stat. § 974.06, please contact The Alderman Law Firm today for your free consultation by calling 720-588-3529 (CO) or 608-620-3529 (WI).