Henak Law Office, S.C. - Premier Wisconsin Criminal Appeal Lawyers

Experience FAQs

How many criminal appeals have you handled?

Combined, the attorneys have represented clients in state and federal cases resulting in over 100 published decisions, shaping the law on various topics, including post-conviction procedure, ineffective assistance of counsel, sentencing, and reconfinement hearings, and many times that number resulting in unpublished decisions. The attorneys at Henak Law Office, S.C., are widely considered experts on criminal appellate procedure and constitutional issues.

Have you handled an appeal like mine before?

Given the range of experience of the attorneys at Henak Law Office, S.C., the answer is likely "yes." However, every case is different, and only a consultation or case review will tell.

What is your success rate in cases like mine or in general?

Anecdotal evidence suggests that only about 10 percent of all criminal appeals result in reversals, making such appeals particularly difficult. Reversal rates, moreover, are meaningless given that each case presents its own, unique issues and challenges. They also are easily manipulated, with some attorneys racking up higher winning percentages by taking on only those cases that are clear winners while forgoing the tough cases. There also is the question of whether a "win" is limited to complete reversal or the grant of any relief to the defendant.

A more reliable basis for judging an attorney's or a law firm's abilities is the number of published decisions resulting from cases they have argued. Fewer than 25 percent of Wisconsin Court of Appeals decisions are published, with publication limited to those cases that the Court views as presenting novel issues of law, the resolution of which will have widespread impact throughout the state and which are well-presented. A published decision thus usually reflects creativity and persuasiveness on the part of the attorney, attributes far more important to one challenging a criminal conviction than mere winning percentage. Combined, the attorneys at Henak Law Office, S.C., have represented clients in cases resulting in over 100 published decisions.

That said, Henak Law Office, S.C., attorneys have achieved well over the 10 percent average for success in their published decisions. They do not keep statistics on cases that were resolved in the circuit court or by unpublished opinion.

Have any of your cases resulted in published decisions?

Combined, the attorneys at Henak Law Office, S.C., have represented clients in cases resulting in over 100 published decisions, shaping the law on various topics including post-conviction procedure, ineffective assistance of counsel, sentencing, and reconfinement hearings.

What is the difference between a published decision and an unpublished decision, and why does it matter?

A published decision is one that the Court of Appeals orders to be printed in the official reports of its decisions. A published decision sets forth legal principles that are binding on the Court of Appeals and Circuit Courts for all future cases. An unpublished decision resolves the issues between the parties in that case but sets no precedent binding on other courts.

Most criminal appeals simply involve the application of well-established rules of law to the particular facts of a given case. Their publication would not further our understanding of the law and would merely clutter the law books with cases asserting the same things over and over again. Accordingly, fewer than 25 percent of Wisconsin Court of Appeals decisions are published, with publication limited to those cases that the Court views as presenting novel issues of law, the resolution of which will have widespread impact throughout the state and which are well-presented.

A published decision thus usually reflects creativity and persuasiveness on the part of the attorneys, attributes far more important to one challenging a criminal conviction than mere winning percentage. Combined, the attorneys at Henak Law Office, S.C. have represented clients in cases resulting in over 100 published decisions.