Appeals and Post-Conviction Services in a Michigan Sex Crime Case
If you have been convicted of CSC or another sex crime, it is often a good idea to consider utilizing your right to appeal, which could potentially lead to a better result. It is extremely difficult to successfully appeal any serious sex crime conviction, though that doesn’t mean it cannot be done, especially if you are able to secure excellent post-conviction representation. There are a number of reasons why you may want to appeal, and many different details of your case could help you obtain a successful appeal. Always work with the best lawyer you can and fight until you have either exhausted all your resources or achieved your desired case outcome.
In addition to appeals, there are a number of other post-conviction criminal motions that can be filed which could potentially help you obtain a better case result. If you didn’t get the result you wanted during the initial trial stage of your case, it may be time to work with a more experienced lawyer who has won CSC cases in the past. Contact Grabel & Associates now to find out more about how to continue your fight after conviction.
When Can You Appeal in a Sex Crime Case?
In any Criminal Sexual Conduct case, you begin the trial process with a right to appeal. Depending on how you plead, however, you may lose that right. It is critical to be aware of how entering a plea could affect your post-conviction case, and to have a lawyer guiding you to the result you want. Below are some possible pleas and subsequent results.
Guilty: If you plead guilty, you forfeit the right to appeal the verdict. In some cases, you may still be able to appeal a sentence, depending on the details of your case. The court must consent to this plea.
No Contest: Like a guilty plea, a nolo contendre plea forfeits your right to appeal. It may be possible to appeal your sentence, but the verdict of will stand. The court must also consent to this plea.
Failure to Enter a Plea: If you don’t enter a plea, the court will treat it as if you entered a guilty plea.
Not Guilty: If you deny the charges against you, and are still convicted in court, you retain your right to appeal the verdict and potentially the sentence.
Reasons for Post-Conviction Motions in a CSC Case
If you are to appeal your case or pursue other post-conviction relief, you need to find a reason why the initial outcome was unjust. Some potential reasons to file an appeal of a verdict or sentence include:
- new evidence brought to the attention of defendant that couldn’t have reasonably been known earlier
- jury bias, judicial bias, or misconduct
- witness perjury (which could have affected case result)
- judicial conflict of interest
- ineffective legal representation
- constitutional rights violation
- plea entered without fully understanding consequences
In addition to appealing a decision, other post-conviction motions include:
- motion for a new trial
- motion for a directed verdict
- motion for a Ginther hearing (ineffective legal counsel)
Appeal by Right vs. Appeal by Leave in a Michigan CSC Case
There are two distinct types of appeals in Michigan sex crime cases. The first is appeal by right, which does not require permission of a higher court. To file an appeal of right, you must request an appeal within 21 days of the judgment, or within 21 days of the order denying a motion for post-conviction relief.
If an appeal by right is not available, if a final order has yet to be entered, if a defendant entered a guilty plea and is appealing an issue other than the sentence, or if the 21 day period to file an appeal of right has passed, an appeal by application for leave has to be filed. For more about the rules governing appeals in Michigan, read this appellate practice journal issue, or visit the Michigan Court of Appeals website.
Contact Grabel & Associates Now for Appellate Representation in MI
To speak with an attorney about your post-conviction options, call 1-800-342-7896 or contact us online. We are available 24/7 for a free case consultation, and can immediately begin fighting to help you achieve an improved case outcome.