Henak Law Office, S.C.
  Criminal Appeals, Post-Conviction Remedies, Federal Habeas Corpus

Contact Us:
316 N. Milwaukee St., #535
Milwaukee, WI 53202
Phone: (414)283-9300
Fax: (414)283-9400
Experience. Creativity. Integrity.
Collateral Attack

A collateral attack is a challenge to a conviction and/or sentence after the time for filing a direct appeal has passed. The most common procedure for pursuing a collateral attack is defined in Wis. Stat. §974.06.

A §974.06 motion is generally limited to constitutional claims. A person must still be in custody (defined broadly to include being on supervision, probation, or parole as well as actual physical custody), but there is no deadline for filing a §974.06 motion. Even if there was already a direct appeal in the case, a collateral attack may still be possible. However, a person who already raised constitutional claims on direct appeal generally cannot raise the same claims in a §974.06 motion. Also, there must be a really good reason (known as "sufficient reason") why the claims were not first raised on direct appeal. "Sufficient reason" includes the failure of prior appellate counsel to identify and raise any constitutional claims the attorneys at Henak Law Office, S.C, may find in reviewing the case.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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