Canton Post-Conviction / Appeal Attorney
When convicted of a crime in a Wayne County court, especially of serious crimes that involve incarceration, the defendant has the right to appeal the courts decision in the Michigan Court of Appeals. An appeal is not a “new trial,” as no new evidence is presented and no witnesses are called, but instead, post-conviction motions allow a higher court to review the decisions of the lower court. Because of the severity of some sentences, appeals are fairly common. Nonetheless, they are highly complex and involve very specific paperwork and deadlines, and defendants generally need a good reason to appeal as well as proof that the sentence was wrong in order to win. Due to the benefits of a successful appeal, you need to contact a Canton, MI post-conviction/criminal appeal attorney immediately after the judge hands down your sentence.
At Grabel & Associates, we have extensive experience representing thousands of clients throughout Michigan with appeal cases, and some of our results include sentences overturned on appeals as well as sentences affirmed in appeal courts. Therefore, whether our highly qualified appellate attorneys are appealing a decision or defending a decision (in which the prosecution motions for appeal), we have extensive resources to strengthen your case to hopefully achieve a positive outcome.
Options for Appellate and Post-Convictions
For Canton Township residents tried and sentenced at the 35th District Court in Plymouth or the Frank Murphy Hall of Justice in Detroit, the appeals case will most likely move to the District I Court of Appeals, located at the Cadillac Place on 3020 West Grand Boulevard.
After conviction, the defendant has three possible options for initiating action at the Court of Appeals, including:
- A claim of appeal. This option is for appellants who have an appeal by right provided by the Michigan constitution. By filing this appeal, the Court of Appeals must review the substance of the appellant’s argument and issue a decision.
- Application for leave to appeal. This option is for appellants who do not have an automatic right to file an appeal. Depending on the information provided in the application, the Court of Appeals makes a decision whether it will grant full review of the application.
- Action for extraordinary writ or an original action. If you find that your court or a public official is not acting in its capacity, this action requests the Court of Appeals to exercise supervisory authority over the lower court or to force a public official to perform his/her duty.
Basics for Filing an Claims of Appeal in Wayne County
To effectively prepare your appeal, it is important to understand what you can appeal. In most cases, you can only appeal the final judgment that was given in the Circuit Court (the Frank Murphy Hall of Justice). Due to MCR 7.203(A)(1)(b), you cannot file claims of appeal for sentences entered after guilty or no contest pleas.
Also, you need to file the appeal by right within 42 days after judgment, and you must file the appeal by mail or in-person at the Court of Appeals clerk’s office. For Canton residents, the District I Court of Appeals is located at Cadillac Place 3020 W. Grand Boulevard, Suite 14-300 Detroit, MI 48202. The telephone number for the clerk’s office is (313) 972-5678.
The materials needed in the application include, but are not always limited to:
- The claim of appeal form
- Copy of the judgment you are appealing
- Copy of the court reporter’s certificate of ordering transcripts stating that you secured payment for the transcript
- Copy of the docket entries for your case
- Jurisdictional checklist
- Proof of service that you have provided the prosecutor with the claim of appeal and all other documents
- Check or money order for entrance fees
Many of the considerations between claims of appeal and leave to appeal are similar; however, you must file the application for leave to appeal within 21 days after the lower court entered the judgment. Delayed applications can be filed within 6 months.
Contact Grabel & Associates For a Strong Criminal Appeal
Due to the complexity and the necessity to file all required documents, you need to have an experienced and knowledgeable criminal appeal attorney to help ensure that all documents are entered in a timely manner. If the application is accepted, you will most likely have further paperwork to file. Our attorneys will help construct a detailed and comprehensive argument, and in the courts, we will aggressively represent your interests. After the judge has given you a sentence, don’t give up. Contact Grabel & Associates at 1-800-342-7896 for a strong criminal appeal.