Chesterfield Township Criminal Appeals and Post-Conviction Services Attorney

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.

Understanding Direct Appeals and Post-Conviction Relief in Michigan Criminal Cases

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.

• Direct Appeals. A direct appeal proceeds to the Michigan Court of Appeals as a matter of right when the trial ended with a conviction after trial or by leave when the defendant pleaded guilty or no contest. From there, further review is available in the Michigan Supreme Court and, on federal constitutional questions, the United States Supreme Court.
• Collateral Review. Once the direct-appeal pathway is exhausted, relief shifts to the trial court through a Motion for Relief from Judgment under MCR 6.500 or to the federal courts via a habeas corpus petition under 28 U.S.C. § 2254. Both avenues impose stringent deadlines and procedural bars, but each contains exceptions for claims of actual innocence or retroactive constitutional rules.

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.

Step-by-Step Guide to the Michigan Criminal Appeals Process

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:

• The improper admission of hearsay,
• Fourth Amendment violations in vehicle or phone searches,
• prosecutorial misconduct during closing argument,
• erroneous scoring of the Michigan Sentencing Guidelines, especially Offense Variable 13 (continuing criminal behavior) and Prior Record Variable 5 (prior misdemeanors), and
• unconstitutional shackling or courtroom security measures.

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.

Post-Conviction Motions and Relief Options After a Criminal Appeal

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:

• new DNA or fingerprint evidence that excludes the defendant,
• recanting witnesses whose trial testimony was coerced,
• discovery of suppressed exculpatory evidence violating the principles outlined in Brady v. Maryland, and
• newly minted constitutional rules applied retroactively, such as recent United States Supreme Court precedent that bans mandatory life-without-parole sentences for children younger than 18 years old.

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.

Resentencing Motions and Sentence Reductions Under Michigan Law

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:

• Minimum terms relied on incorrect guideline scoring,
• The judge imposed consecutive sentences lacking statutory authority, and
• Presentence investigation errors inflated a risk-assessment metric now used by parole examiners.

We also file resentencing motions, often obtaining lowered minimum sentences that accelerate parole eligibility by years.

Protecting Future Opportunities: Appellate Strategies Beyond Prison

• Expungement and the Clean Slate Act. Appellate victories that dismiss counts or reduce felonies to misdemeanors can position clients for automatic relief under Michigan’s 2021 Clean Slate Act. Our attorneys file follow-up petitions to ensure that the Michigan State Police, Macomb County Clerk, and private background-check databases remove outdated convictions.
• Immigration Consequences. When non-citizens are convicted of crimes labeled “aggravated felonies” or “crimes of moral turpitude,” they may face deportation. A 6.500 motion can vacate or amend convictions and reopen closed removal proceedings. We collaborate with immigration counsel to draft plea-withdrawal motions highlighting Padilla v. Kentucky deficiencies, which can persuade courts to accept pleas to non-deportable substitutes.
• Professional License Restoration. Healthcare providers, CDL drivers, and securities brokers can lose their credentials after a felony conviction. A successful appeal, reduced conviction, or resentencing may trigger automatic reinstatement. We coordinate with licensing boards and file concurrent administrative appeals.

What Sets Grabel & Associates Apart in Appellate Practice

• Comprehensive Record Analysis. Our appellate lawyers read every page of the transcripts and exhibits before thoroughly analyzing them against docket entries and police reports to catch omissions and misstatements.
• Advanced Legal Research Tools. We maintain subscriptions to Lexis, Westlaw, and state-specific databases like ICLE and Michigan Sentencing Guidelines Annotated, enabling real-time updates on emerging precedents from state and federal courts.
• Collaborative Team Model. Every appeal benefits from multiple attorney perspectives, moot-court rehearsals, and peer briefing reviews that sharpen arguments and eliminate potential mistakes.
• Local Insight with Statewide Reach. While most of Michigan’s appellate judges sit in Lansing, Detroit, and Grand Rapids, our familiarity with Macomb County trial judges informs the narrative on appeal. We know what to look for based on the judges’ past rulings and reputational factors that appellate panels consider when considering whether trial court errors are deemed “harmless” on appeal.
• Transparent Billing and Timeline Management. Appeals can take between 12 and 24 months to decide. That is a long wait and a complicated process. We provide stage-based flat fees—at the filing of the claim of appeal, drafting the principal brief, drafting the reply brief, and preparing for and attending oral argument—and deliver monthly status updates so families never wonder where the case stands.

Frequently Asked Questions About Criminal Appeals and Post-Conviction Relief

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.

Act Now to Protect Your Rights: Appeal and Post-Conviction Deadlines in Michigan

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.