Can I appeal a decision to deny parole or probation?

Yes, it is possible to appeal a decision to deny parole or probation in Wisconsin. The process of appealing a decision begins when a person involved with the decision submits a written notice of appeal to the court that made the ruling. The intent of a parole or probation appeal is to provide an opportunity to challenge the decision or factual findings made by a judge or other decision-maker in the case. In order to file a successful parole or probation appeal, certain elements must be present. For example, the appellant must document that the decision was made on the wrong facts or legal basis. In addition, an appellate court may construe the issue without considering new evidence, so the appellant must also demonstrate that the evidence presented by the prosecution at the original hearing was not sufficient. When filing an appeal in Wisconsin, the appellant must file the case with the appeals court within 30 days of the decision. If the appellant does not do so, the appeals court will deny the appeal. The appeals court may also require the appellant to submit additional documents and/or attend a hearing. A successful appeal may result in the parole or probation being granted. If the decision is modified, or the decision is changed, the appellant may be able to receive a reduced sentence. However, if the appeals court upholds the original denial of parole or probation, the appellant will not be eligible for parole or probation.

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