Burton Criminal Appeals and Post-Conviction Attorney

Navigating the complexities of the criminal justice system can be overwhelming, especially when seeking to challenge a conviction or sentence after it has already happened. In Burton, Michigan, individuals have the right to pursue criminal appeals and post-conviction relief to ensure that justice is served in every case. At Grabel & Associates, our criminal defense attorneys are dedicated to providing comprehensive legal representation to those seeking to overturn wrongful convictions or reduce unjust sentences.

What are Criminal Appeals in Burton, Michigan, and Why Do They Matter

A criminal appeal is the legal process where a higher court reviews the decision of a lower court to determine if legal errors occurred that could have affected the outcome of the case. It is essential to understand that an appeal is not a retrial of the case. Instead, it is merely a review of the trial-court proceedings to ensure that the law was applied correctly.

Step-by-Step Michigan Appeal Process for Burton Defendants

In general, the appeals process has four steps: (1) filing a notice of appeal, (2) preparing the written appellate brief, (3) attending oral argument, and (4) getting a decision.

• Filing a Notice of Appeal: The first step in the appeals process is submitting a Notice of Appeal to the appropriate appellate court. Typically, this is filed with the Michigan Court of Appeals and must be filed within 42 days of the judgment’s entry. Missing this strict deadline can result in losing the right to appeal.
• Preparation of the Appellate Brief: Once the notice is filed, the defendant’s attorney prepares a written brief setting forth the legal arguments for the appeal. This document highlights any alleged errors that occurred during the trial, such as the improper admission of evidence, an incorrect jury instruction, or insufficient evidence to support a guilty verdict.
• Oral Arguments: In some cases, the appellate court may schedule oral arguments, allowing attorneys from both sides to present their positions and answer questions from the judges.
• Appellate Court Decision: After reviewing the briefs and hearing oral arguments, the appellate court will issue a written opinion. The court may affirm the original conviction, reverse it, or remand the case back to the lower court for further proceedings.

Automatic vs. Discretionary Appeals: Options After a Burton Conviction

• Appeal by Right: This type of appeal is available when a defendant has an automatic right to have an appellate court review their case. In Michigan, defendants convicted in circuit court have an appeal of right to the Michigan Court of Appeals in every criminal case.
• Appeal by Leave: In situations where an appeal of right is not available, a defendant may seek an appeal by leave, applying for permission from the appellate court to review the case. This is typically discretionary and granted only in specific circumstances.

Post-Conviction Relief in Burton, MI: Your Second Chance Explained

Post-conviction relief encompasses various legal procedures that allow individuals to challenge their convictions or sentences separately from the direct appeal process. These remedies are crucial for addressing issues that may not have been apparent during the initial trial or appeal.

Common Forms of Post-Conviction Relief

• Motion for Relief from Judgment (6.500 Motion): Under Michigan Court Rule 6.500, individuals convicted of a crime can file a motion challenging their conviction or sentence based on specific grounds, such as newly discovered evidence, ineffective assistance of counsel, or constitutional violations. Unlike direct appeals, there is no strict deadline for filing a 6.500 motion, but it can only be filed after all other appellate remedies have been exhausted.
• Habeas Corpus Petitions: This federal-court remedy allows individuals to challenge the legality of their detention or imprisonment. To pursue a habeas corpus petition, you must typically demonstrate that your constitutional rights were violated during the state-court proceedings. This is a high burden to meet.
• Expungement and Setting Aside Convictions: Michigan law also permits certain individuals to have their criminal convictions set aside or expunged, effectively removing them from the public record. Eligibility depends on numerous factors, including the nature of the offense and the time elapsed since the conviction.

Why a Burton Appellate Lawyer Is Crucial After a Guilty Verdict

Challenging a conviction or seeking post-conviction relief requires a deep understanding of legal procedure, meticulous preparation, and the unique ability to be able to persuasively argue on paper rather than in a courtroom. At Grabel & Associates, our team of seasoned attorneys is committed to providing clients in Burton, MI, with the highest level of legal representation.

Why Choose Grabel & Associates?

• Proven Track Record: Our firm has a history of successfully handling criminal appeals and post-conviction cases throughout Michigan. We are dedicated to achieving the best possible outcomes for our clients.
• Comprehensive Legal Knowledge: Our attorneys possess extensive knowledge of Michigan’s criminal laws and appellate procedures, ensuring that every legal avenue is explored in defending our clients’ rights. We do this by bringing decades of experience to the table and by constantly keeping up with the often-changing case law in Michigan.
• Client-Centered Approach: We understand the profound impact a criminal conviction can have on an individual’s life. Our team provides personalized attention, keeping clients informed and involved throughout the legal process.

Ready to Fight Your Conviction? Speak With a Burton Appeal Lawyer Today

If you or a loved one is seeking to appeal a conviction or pursue post-conviction relief in Burton, MI, it is crucial to act right away. The legal team at Grabel & Associates is here to help navigate the complexities of the appellate system and fight for justice on your behalf.

The journey through the criminal justice system does not end with a conviction. Appeals and post-conviction relief offer vital opportunities to challenge unjust outcomes and seek redress for legal errors in a criminal case. With the experienced attorneys at Grabel & Associates by your side, you can be confident that your case is in capable hands. Contact us today to discuss your options and take the first step toward justice.