Drunk Driving Appeals in Lansing
Drunk driving in Lansing is considered to be a very serious offense, but the rights of any individual convicted of such a crime deserve to be upheld. For example, all those who go through the criminal trial process have the right to a fair trial. They also have the right to receive a sentence that is in line with what the law outlines. For instance, if a person receives their first conviction for a DUI, then they should not be paying a $2,000 fine as this is far more than what the law says.
If you or a loved one are considering filing a drunk driving appeal, contact the Lansing post-conviction attorneys, at Grabel & Associates. We're dedicated to seeing that our clients' rights are fully protected throughout the appeals process and that the punishment does in fact fit the crime. Our attorneys have over 100 years of combined legal experience, and we know what needs to be done in order to successfully appeal a drunk driving sentence or conviction in Lansing.
Possibilities for Appeal
If you chose to go through a drunk driving appeal in Lansing, then there are a few things you'll need to know. Drunk driving charges are not treated the same as assault or sex crimes, so it is important that you hire an experienced attorney who can guide you through this process and look out for your best interests.
If your motion for appeal is granted, then your case will be moved to a higher court - not necessarily to a new trial. The judges in the higher courts will go through your case and determine whether or not you have grounds to change your sentence or even your conviction. They'll look for key instances where your rights were violated or where the jury might have been biased or had a conflict of interest.
You can also file a motion for appealing a conviction or sentence if you entered into a plea bargain and the plea bargain is not honored. In most instances, a plea bargain automatically negates your right to appeal your conviction, but if that plea bargain is ignored or the prosecution fails to uphold their end of the bargain, then you can appeal.
In some cases, the previously hired defense attorney is not up to the challenge of defending your case. He or she may have made some serious errors in your defense, which led to a conviction that you did not deserve. If this occurs, you may be able to apply for a Ginther Hearing. If you did not understand the parameters of your plea bargain or received "ineffective counsel," then you may have grounds to appeal for a new trial.
You can also file a motion to have your sentence amended by a higher court if you believe that the judge imposed an overly harsh or unfair sentence. Drunk driving offenses have certain parameters in which a judge can sentence you if you are convicted. For example, a third DUI offense can result in a punishment of 30 days to one year in jail, a fine of $200 to $1,000, a license suspension of at least one year, and an Interlock Ignition Device installed on the driver's vehicle. If a judge were to sentence you to two years in prison and a fine of over $2,000, then you would have grounds to appeal the decision as being overly harsh or unfair.
The Appeals Process
Drunk driving appeals in Lansing involve a lot of paperwork and briefs that all must be filed by certain deadlines. You also must be able to show certain evidence pertinent to your case. If you are filing for a new trial because of ineffective counsel, for example, then you will need to present certain evidence showing that your previous lawyer made serious errors throughout your case. If a jury was biased, you will need to show evidence proving that their biases led to a wrongful conviction.
While you could file these motions yourself, it's best to have a skilled and aggressive attorney handle this process for you. The attorneys at Grabel & Associates know how the appeals process in Lansing works, and we can help you by collecting all the paperwork and making sure that everything is filed to the right court offices in a timely manner. Grabel & Associates wants to see that your rights are protected so don't wait to give us a call.
Lansing Appellate Court
If you live in Laingsburg, Lennon, Bancroft, Fowlerville, Unadilla Township, Handy Township or in any other city in Livingston or Shiawassee Counties, then you will report to the Fourth District of Appeals for all your appellate court needs, which means you'll be filing your paperwork to the Clerk's Office located in Lansing. There are four Clerk Office districts total. Check out this map for more information.
The address for the Lansing Court of Appeals is here:
Hall of Justice
925 W. Ottawa St.
P.O. Box 30022
Lansing, MI 48909
District Clerk's number: (517)373-0786
District Commissioner's Office: (517)373-0786
You will find the Clerk's Office and the courtrooms on the second floor.
Contact Grabel & Associates
A drunk driving conviction can have a devastating impact on your life, and if the sentence imposed is much harsher than the law actually requires, then you could be facing many serious problems down the line. You may have to spend an excessive amount of time in jail, or you could lose your license and have to pay large amounts in fines.
Though drunk driving laws in Lansing call for strict punishment upon conviction, no person should be overly punished for a conviction. The attorneys at Grabel & Associates know drunk driving laws in Michigan inside and out, and we're prepared to review the facts of your case and see that you are treated fairly and respectfully throughout their process.
Contact Grabel & Associates and start working on a drunk driving appeal in Lansing today. Our toll-free number is 1-800-342-7896, and you can also contact us through our website. Your rights are important - even if you have been convicted. Let Grabel & Associates help you today.