New Baltimore, MI Post-conviction Attorney
After you or someone you know has been convicted of a criminal offense, you need to remember that your fight isn’t over. Depending on a variety of factors, it could be possible to formally appeal the decision to a higher court. This can occur at the Michigan Court of Appeals, particularly for appeal-by-right cases. For New Baltimore, MI residents, they can appeal their district court decision by heading to the Michigan Court of Appeals - Second District in Troy, MI. Other Court of Appeals locations include the Cadillac Palace in Detroit, the State Office Building in Grand Rapids, and the Hall of Justice in Lansing. After a conviction, however, you should act fast and contact a Macomb County defense attorney from Grabel & Associates as soon as possible.
As a renowned criminal appeals firm, Grabel & Associates can dramatically strengthen your chances of a successful appeal for a criminal conviction. It is extremely difficult to win cases in the Michigan Court of Appeals, which is why you need a skilled lawyer who understands the appeals system and uses tested strategies customized to your specific case. Call one of our experienced post-conviction attorneys at 1-800-342-7896 today for a free emergency consultation.
Understanding the Michigan Court of Appeals
The entire arrest and trial period can be extremely exhausting, and there’s nothing worse than an unfavorable, overly harsh sentencing or even a wrongful conviction. The first step after a conviction is to not panic and to contact an appeals attorney immediately. Secondly, it is also important to understand the Michigan Court of Appeals and what you might have to endure in the appeals process. In essence, the Michigan Court of Appeals - Second District in Troy handles appeal by right cases from Michigan’s circuit courts, such as the Macomb County Circuit Court in Mt. Clemens. There is a time limit to filing an appeals motion, as well as a myriad of complex paperwork to complete. Keep in mind that, in most cases, an appeals case is not to re-weigh facts, but to assess whether the judge made a legal mistake that made the sentence wrong or unfair.
Types of Post-Conviction Motions
Once your trial has concluded, the attorneys at Grabel & Associates immediately begin investigating the details of your case to determine the best steps to fight a strong legal battle. Some mistakes that can lead to a successful appeal include:
- Newly discovered evidence that could not have been known throughout the initial trial
- Perjury from a witness that affects the outcome of a case
- Misconduct or bias from the jury
- Misconduct from the prosecutor
- Judicial conflict of interest
- Ineffective counsel
- Violation of constitutional rights
- Entering a plea bargain without fully understanding the consequences
After our lawyers uncover appealable factors in your case, there are several motions we can consider. Depending on the case’s specific details, your options include a motion for a new trial, a motion for directed verdict, a motion for a Ginther hearing based on ineffective legal representation, appeal by right, and appeal by leave. Specific criminal motions allow you to bring new evidence to your case, demonstrate a form of misconduct that led to sentencing, or to change a plea you didn’t intend to enter.
The First Steps in Filing an Appeal
Even if the judge doesn’t accept your request for an appeal, you can still pursue an appeal in some criminal cases. In some circumstances, you have a constitutional right to appeal. Known as appeal by right, this case doesn’t require the approval of a court before you file, but you must file the appeal within 21 days after the judgement or entry of an order denying a new trial, retrial, or post-conviction relief. Another option is an appeal by leave. This case is essential a request to review certain facts, details, or laws that affected the court decision. For appeal by leave, you do need to get the Circuit Court’s approval.
After hiring an experienced appeals attorney, we’ll guide you through the process of filing a Claim of Appeal to the proper court, such as the one in Troy. Other mandatory documents include the fee, a copy of applicable bond, proof of service, the original claim of appeal document, a copy of judgement and trial court docket, and several others.
Contact Our Post-Conviction and Criminal Appeal Attorneys
A false, mishandled, or otherwise negative sentencing can seem like the end for you or a loved one. Fortunately, this doesn’t have to be the case. Getting the services of an experienced New Baltimore, MI post-conviction and criminal appeal attorney can greatly increase your chances for a favorable outcome. We’ll diligently examine witnesses, court proceedings, sentencing, and many other factors to determine whether your sentencing was true, fair, and most importantly, lawful. Even after convictions, you have your rights, and we’ll fight to make sure that your rights have not been violated.
Contact Grabel & Associates immediately if you or someone you care about has been convicted of a criminal charge. We are available 24/7, toll free, at 1-800-342-7896 or you can contact us online now and can immediately begin working to help you in your time-sensitive appellate case.