A guilty verdict or harsh sentence handed down in the Macomb County Circuit Court can feel like the end of the road. Yet Michigan law provides multiple avenues to challenge convictions and restore your freedom, even after a case feels “over.”
Appellate practice is a specialized legal discipline that demands meticulous record review, deep knowledge of evolving Michigan case law, and the strategic creativity to craft arguments that resonate with judges who were not part of the original trial. Our Chesterfield Township criminal defense team at Grabel & Associates combines decades of statewide trial experience with a dedicated appellate division that has secured our clients' reversals, new trials, resentencing hearings, and sentence reductions. Contact our criminal appeals and post-conviction attorney for a free consultation.
Michigan recognizes two broad categories of relief once sentencing occurs. A direct appeal challenges legal or procedural errors at the trial level. A post-conviction motion (often called collateral review) raises issues that require new evidence, such as ineffective assistance of counsel or newly discovered evidence. Knowing where to file, when to file, and how to frame your post-conviction arguments can be the difference between continued incarceration and the tearing up of a judgment.
Grabel & Associates has years of experience at every stage of the post-conviction process. This helps us ensure that no deadline is missed and that every viable claim is preserved for future courts.
Filing the Claim of Appeal. For convictions entered in Macomb County Circuit Court, the Michigan Court Rules impose a 42-day deadline from the date of the judgment or sentence to file a claim of appeal. Missing that window usually closes the door on an appeal of right, so immediate action is critical. Our office often files emergency appearances within days of a sentencing to secure the appellate jurisdiction and request an appellate bond when appropriate.
Securing the Record. The appellate record is the lifeblood of every appeal. We promptly order transcripts from trial, pretrial-motion hearings, and jury-instruction conferences. Certified court reporters in Macomb County can take up to six weeks to produce full transcripts. We track their progress, file extension motions if necessary, and ensure every sidebar and bench conference makes it into the record on appeal. When exhibits—such as dash-cam footage, cell-phone extractions, or PowerPoint slides—are missing, we file a motion to settle the record under MCR 7.210 to ensure everything we need is included.
Issue Identification and Briefing. Not every error at trial justifies reversal. The art of appellate practice lies in selecting the two to four strongest issues that will get appellate judges’ attention. Frequent winning themes include the following:
Our appellate attorneys scour the record, cross-reference it with recent Michigan Supreme Court precedent, and often supplement briefs with affidavits from trial counsel or expert witnesses to bolster ineffective-assistance claims.
Oral Argument. Although the Court of Appeals may decide cases on briefs alone, oral argument offers an invaluable chance to humanize our client and clarify complex issues in a case. We prepare with moot courts, anticipate panel-specific concerns based on judge biographies, past opinions, and our own firsthand experience, and package visual aids for high-impact demonstrations—whether showing a flawed crime-scene diagram or highlighting omitted jury-instruction language.
Possible Outcomes. The Michigan Court of Appeals may affirm, reverse, remand for a new trial, or order resentencing. If the Court of Appeals affirms, it is not necessarily the end. We can petition the Michigan Supreme Court for leave and, when federal questions underpin the claims, we can seek certiorari from the United States Supreme Court. Even a partial victory, such as correcting a guidelines scoring error, can translate into years shaved off your sentence.
Motions for Relief from Judgment (6.500 Motions). Michigan Court Rule 6.500 allows one post-conviction motion to raise claims that have not previously been addressed. To succeed, a defendant must show “good cause” for not raising the issue earlier and “actual prejudice,” meaning that the error likely affected the case outcome. Typical grounds for a 6.500 motion include the following:
To develop fresh evidence, we assemble investigative teams—retired detectives, digital-forensics examiners, forensic pathologists, and other experts. Then, we use that fresh evidence and our superior legal knowledge to draft memoranda that meet every technical requirement. This ensures that the court addresses the substance of your post-conviction arguments.
Federal Habeas Corpus. If all state court remedies fail, a federal court habeas petition filed in the U.S. District Court for the Eastern District of Michigan offers one final avenue for review. The petition must arrive within one year of the final state court judgment under the Antiterrorism and Effective Death Penalty Act (AEDPA). Habeas relief is limited to “clearly established federal law” violations as interpreted by the U.S. Supreme Court. Still, it remains potent in cases involving ineffective assistance, jury-selection violations, and due process errors. Grabel & Associates coordinates with federal defender units and national innocence organizations to maximize your chances of success.
Clemency, Commutation, and Parole Board Advocacy. For clients serving lengthy prison sentences, the Michigan Parole Board and the Governor’s commutation power create additional paths for relief. We draft clemency packets that include institutional program certificates, psychological evaluations demonstrating rehabilitation, and letters of support from employers or faith leaders. When parole eligibility arrives, we prepare clients for the board interview, anticipate risk-assessment concerns, and attend the public hearing to present mitigation evidence.
Michigan’s sentencing jurisprudence evolved dramatically after People v. Lockridge, which rendered the sentencing guidelines advisory rather than mandatory. Even years-old sentences may be ripe for reduction when:
We also file resentencing motions, often obtaining lowered minimum sentences that accelerate parole eligibility by years.
Q: “Can I appeal if I pleaded guilty?”
Yes, although the route is by application for leave rather than appeal of right. Claims often center on ineffective assistance during plea negotiations, incorrect sentencing guidelines scoring, or involuntary pleas caused by misinformation about immigration or parole consequences.
Q: “Will the court release me on bond during the appeal?”
Michigan courts may grant an appellate bond for many non-violent offenses. We file bond motions highlighting community ties, employment history, and meritorious appellate issues to persuade judges that a release is warranted.
Q: “How long does a 6.500 motion take?”
From filing the motion to a decision, you should expect six to twelve months, sometimes longer if the court orders an evidentiary hearing. But we push for prompt rulings when new evidence suggests actual innocence.
Q: “What if my trial lawyer missed objections—can I still win on appeal?”
Yes. Claims for ineffective assistance of counsel under Strickland v. Washington excuse forfeiture when counsel’s performance fell below professional norms and prejudiced the outcome. We often combine this argument with plain-error arguments to overcome procedural bars.
Q: “Is the appeal my last chance?”
Not necessarily. Post-conviction motions, federal habeas corpus, and clemency requests represent additional opportunities for relief. Swift action preserves all these options.
Strict filing deadlines govern every appellate or collateral remedy. Waiting even a few weeks after sentencing can forfeit essential rights. Whether you seek review of a Chesterfield Township OWI conviction, a Macomb County jury verdict for home invasion, or a sentence imposed after a guilty plea, Grabel & Associates is ready to dissect the record, identify winning issues, and present your story to the judges who can overturn a conviction and restore your future.
Call us 24/7 at (800) 342-7896 or submit a confidential online form for a free appellate consultation. Put Michigan’s premier criminal-defense and post-conviction team to work safeguarding your liberty, reputation, and future.