Wisconsin Sentence Reduction: File a Motion or Appeal?
When an individual is sentenced to time in prison, it’s only natural to explore every option that will get his or her sentence reduced.
In Wisconsin, the two options are to file an appeal or to exercise Wisconsin Statute 973.19(1)(a) and request a sentence modification.
The latter option, Wis. Stat.§ 973.19(1)(a), can be much quicker than a full appeal, but comes with its price. Once an individual files this motion, he or she loses the opportunity for a full, in-depth appeal of the court’s decision.
According to the statute, this motion for a sentence reduction can only be made within 90 days of original sentence/order and if that person has not ordered case transcripts.
Because it doesn’t require nearly the same amount of detail as an appeal, it will likely yield a faster decision, which makes it an attractive option for many.
However, an appeal provides the option to challenge other issues with the court’s decision in addition to the length of the sentence – an opportunity that is lost with the motion in Wis. Stat.§ 973.19(1)(a).
For this reason, we recommend filing this motion only in cases where it’s only the severity of the sentence is in question, not its validity.
The attorneys of Huppertz & Powers, S.C. can help you build the strongest case possible if you’re facing criminal charges in southeastern Wisconsin, including Milwaukee, Racine, West Bend, Brookfield, Oconomowoc, Delafield, Juneau, Port Washington and Elkhorn.
Call us today to schedule a 100% free and confidential initial meeting: 262-549-5979. You can also fill out our online contact form for a prompt response.