Flint, MI Post-Conviction / Criminal Appeal Attorney
Most serious criminal cases in Flint end in the 7th Circuit Court after the verdict is declared by the jury and the sentence is issued by the judge. However, sometimes juries and judges, despite their best intentions, get it wrong. When this happens, it's easy to feel hopeless and believe the justice system has failed you. But this is not the end of the process. With an experienced Flint, MI post-conviction/criminal appeal attorney, you can challenge the decision of a lower court and have your case heard in the Michigan Court of Appeals.
Not every attorney can handle a criminal appeal, but at Grabel & Associates, our Flint defense lawyers can not only handle these cases, but have extensive experience doing so. We have a stellar track record of helping clients who were wrongly convicted or unfairly sentenced get justice for their case. But in order to appeal, you must act quickly. In most cases, you have a very narrow window of time in which to file, so call us today at 1-800-342-7896.
Appeal and Post-Conviction Options
If your case was tried in the 7th Circuit Court here in Flint, you may be eligible for one of several different types of appeals. If your case was tried in the 67th District Court instead, you can still appeal, but the process is much different, since the decision of the District Court is not considered a final judgement. You will need to appeal the decision to the Circuit Court first before it can move up into the appellate courts.
In most cases, however, a decision that's serious enough to appeal has already been heard by the circuit court, which has original jurisdiction over all felonies. If you lose your case after a plea of not guilty and believe you were wrongly convicted, the law was wrongly applied, or the sentence was unconstitutional, you have one of three options:
- You may file a claim of appeal (appeal by right)
- You may file an application for leave to appeal
- You may request an action for extraordinary writ or an original action
A claim of appeal is the most common type of appeal and is based on your constitutional right to appeal a sentence to a higher court. To be eligible, you must have been convicted of a crime following a not guilty plea and appeal the circuit court's final decision within 42 days.
If you do not have an automatic right to appeal based on a guilty or nolo contendere plea, an order from a lower court that is not a final judgement, a late appeal from a circuit court (after 42 days), or a circuit court's ruling on an appeal from a lower court, you can still submit a request for leave to appeal. In this case, the court may or may not allow you to appeal at their discretion.
An extraordinary writ or original action is not an appeal for the court to reconsider your case, but rather to force a lower court or state official to act if they are refusing to perform a duty. If, for example, the 67th Circuit Court refused to rule on your case, you could issue a Complaint for Superintending Control that would request the Court of Appeals to use their authority to force the court to make a decision.
Basics for Filing a Claim of Appeal in Flint, MI
If you were convicted of a crime in Flint, you can file your application and all support documentation in whichever branch of the Court of Appeals is most convenient for you. For most residents, that will be the branch in Troy at the address below. However, for some residents, the Lansing branch may be more easily accessible.
Court of Appeals – Troy, MI
201 W. Big Beaver, Suite 800
Troy, MI 48084
Court of Appeals – Lansing, MI
Hall of Justice
925 W. Ottawa St.,
Lansing, MI 48909
Filing an appeal is not a simple matter and if your claim is denied the first time, it can spell the end of your case. That's why it's vital that you contact an experienced appeals attorney who can help you file accurately, in a timely manner, and with all necessary documentation, which include (but are not limited to):
- the claim of appeal form
- a copy of the judgement you are appealing
- a copy of the court reporter’s certificate of ordering transcripts
- a copy of the docket entries for your case
- the 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
It's especially important to pay attention to the deadlines. An application for a claim of appeal must be filed within 42 days; however an application for a leave to appeal must be filed within only 21 days, or 6 months, for a delayed application.
Contact Grabel & Associates For Your Criminal Appeal
In most cases, the Court of Appeals is the last stop on your road to justice, so it’s very important that you have a skilled attorney by your side to help you through this complex process. Our lawyers at Grabel & Associates have the experience and proven track record you need to obtain your best case scenario, so if you're considering an appeal, don't wait. Call us today to discuss your situation at 1-800-342-7896 or contact us online to set up a free consultation.