Appeal by Leave
In some criminal cases, you may file an appeal by application for leave, which differs from an appeal of right and occurs in different situations. An appeal by application for leave requests the review of specific details, facts of the case, and laws supporting a decision, rather than asking for a review of the decision itself. It is crucial to hire a criminal appeals attorney in Michigan if you are considering an appeal, as you need to know what legal issues to appeal, when to appeal, and how to navigate the appellate process.
Appeal by Application for Leave Attorney. File a Michigan Appeal by Leave in Ann Arbor, Grand Rapids, Detroit, Lansing, or Anywhere Else in Michigan
Grabel & Associates is a recognized Michigan criminal defense firm with ample experience in criminal appeals cases. Our skilled attorneys understand how to fight for the best interests of clients after conviction, and will commit as much time and effort as necessary to your unique case. When you or a loved one is unjustly sentenced or wrongfully convicted, filing a claim of appeal may be the next logical step. Without a talented Michigan criminal appeals lawyer, however, a successful appeal is next to impossible. While appellate cases are always extremely difficult to win, our attorneys understand how to properly argue your case and prepare your appeal so that you have a chance at a better result.
File an Appeal by Application for Leave in MI
Our criminal appeals attorneys will help you fight wrongful conviction and excessive penalties, and we are available 24/7 to begin working with you in your case. While an appeal by right could be an option in your case, an appeal for application for leave is necessary in the following situations:
- Final judgment order has not been entered yet
- A defendant is appealing a legal issue that is not his or her sentence after entering a guilty plea
- Appeal of right is unavailable
- The 21 day period for filing an appeal by right has expired
Grabel & Associates will direct you through the appellate process and help you complete the necessary paperwork you need to file an appeal before aggressively fighting for a better case outcome in court. Contact our team immediately for assistance in your Michigan criminal appeal by leave case.
How to Apply for Leave to Appeal in MI
After you have determined the type of appeal you need to file, you will have to put together the necessary documents in efforts to gain permission to have the details of your case reviewed. Necessary documents and fees as stated in the MCR 7.105 may include:
- a signed application for appeal by leave which includes the date and nature of decision to be appealed, outlines the errors identified and relief sought by the appellant, and presents a concise argument on each issue
- a copy of the decision appealed and findings of the trial court
- a copy of the written request for a certified copy of the record to be sent to circuit court
- a transcript of the plea and sentence
- the certificate of a court reporter stating that transcript has been ordered or is not available
- appeal fees
- proof that the application was served to all other legally entitled parties
In criminal cases, you have 6 months to file a claim of appeal by leave after your judgment order has been entered in the lower court, or after an order denied a post-conviction motion which was filed within 21 days. In certain cases, the time period allowed may extend beyond 6 months, yet some documents may need to be ordered within weeks. Work with an attorney as early on as possible if you are appealing a court decision in Michigan so that you don’t miss your window of opportunity.
Our Approach to Leave to Appeal Cases
Many factors play into criminal appeals, and working with an experienced attorney is the best way to ensure you do everything you can to fight wrongful conviction or unjust sentencing. There are numerous requirements for briefs in appellate cases, as outlined in MCR 7.212, and our team of attorneys will work to create concise and compelling briefs that advance your interests throughout your post-judgment case. Our lawyers have experience working in state and federal appellate courts, and can help you stand up to the justice system in efforts to free your loved one from prison.
Our firm is directed by founding attorney Scott Grabel, who worked in the Pre-Hearing division of the Michigan Court of Appeals, which gives our criminal appeals team unique inside knowledge of appellate cases that could be extremely valuable to you throughout the appeal process. Contact our team now and we will answer all your legal questions, help you determine what type of appeal you can file, what the best steps are to take in your post-conviction case, and how you can work towards a better case result. While criminal appeals are extremely difficult to win, it is crucial you do everything you can to try to free your family member or friend from an unjust sentence, and with a capable criminal defense attorney, a successful appeal could be possible.
Contact Scott Grabel Michigan Criminal Appeal Lawyer
Our case analysts are standing by 24/7 at our toll free number, 1-800-342-7896, and can discuss the details of your case with you. If someone you care about has been convicted, set up a free consultation with our team for no-obligation guidance in your post-conviction case. You can also contact us online and ask to set up a free consultation with appellate lawyer Scott Grabel. When you need to file an appeal by leave in Michigan, Grabel & Associates will be there for you; contact our firm immediately to begin fighting for justice.