What the court of appeal is looking for?
The Appellate Court or Michigan Court of Appeal Looks for Legal Errors. An error is a mistake, generally of law, that took place at the trial. There are also many ways that a conviction can be overturned on appeal including:
- Insufficient evidence to convict the defendant
- Improper instruction by the court (judge) of the jury
- Error in law used during the trial
- Use of illegally obtained evidence at trial
- Ineffective assistance of counsel for the defendant
A criminal appeal gives the convicted person a second chance to obtain justice. When an error is discovered, it could be overturned or overruled so that the court’s decision is reversed.
Our criminal post-trial practice includes:
1.criminal appeals in the Michigan Court of Appeals, the Supreme Court of Michigan, and the United States Court of Appeals for the Six Circuit;
2.post-trial motions in state and federal court;
3.sentencing motions in state and federal court;
4.negotiations with the Michigan Department of Corrections and the Federal Bureau of Prisons as to terms of confinement, including transfer to a different facility, correction of commitment record or diminution credits, reinstatement of lost diminution credits, and special releases;
5.petitions for post-conviction relief;
6.habeas corpus petitions and proceedings;
7.proceedings before the Michigan Parole Board
8.applications for pardon to the Governor of Michigan.
Have you or a loved one been convicted for a crime you / they didn't commit? What to do?
If you are unhappy about your conviction or your sentence, you should discuss your case with an experienced criminal defense attorney immediately for possible post conviction relief under Michigan laws. Post-conviction relief is a general term related to appeals of criminal convictions, which may include release, new trial, modification of sentence, and such other relief as may be proper and just.
Motions for New Trial Under Michigan Laws
In Michigan, the state trial court can grant a new trial for any error that would justify a reversal on appeal. See MCR 6.431(B). There are many reasons allowing the judge to grant a new trial, including ineffective assistance of counsel, erroneous jury instructions, newly discovered evidence, and prosecutorial misconduct. The trial court may also grant a new trial if it believes that the jury’s verdict resulted in a miscarriage of justice. See MCR 6.431(B).
Motion to Correct Sentence in Michigan
A motion to correct an invalid sentence may be filed before the filing of a timely claim of appeal. MCR 6.429(B)(1). The defendant who may appeal only by leave or who fails to file a timely claim of appeal may file a motion for resentencing within six months of the entry of his or her judgment of conviction and sentence. MCR 6.429(B)(3).
Why Your Trial Lawyer Should Not Handle Your Appeal
Having your trial lawyer handle your felony appeal is mistake for a many of reasons. First, you wouldn't be reading this if your trial lawyer won your case. Don’t throw good money after bad by paying your trial lawyer more money to appeal your conviction. If you’re unhappy with what happened in the trial court, now is the time to switch lawyers. If you had a public defender, it’s critical that you now retain a private Michigan criminal appeal lawyer to handle your felony appeal.
Second, a trial lawyer and criminal appeal lawyer have entirely different skill sets. Using your trial lawyer to appeal your felony conviction is like having your family doctor perform a specialized surgery. They are very different skills, and very few lawyers are good at both. A trial lawyer needs to relate to 12 ordinary citizens who make up your jury. Trial lawyers are fast talkers and theatrical. An good criminal appeal lawyer, in contrast, presents your case in scholarly written “briefs,” that are usually read by a three-judge panel. A great trial lawyer is an emotional talker, whereas a great criminal appellate lawyer is a meticulous scholar and a great writer.
Third, and probably most importantly, some of the major legal issues on appeal center on showing the Court of Appeal that your trial lawyer was incompetent (known as “ineffective assistance of counsel”). A trial lawyer can’t see his or her own blind spots, and even if they do recognize and admit their own errors, do you really think they will strenuously argue their own incompetence to the Court of Appeal? Our lawyers can evaluate the performance of your trial lawyer, and we are not afraid to argue that your lawyer was incompetent. We are 100 percent on your side.
Of course your trial lawyer will try and convince you to pay them to appeal your conviction, but doing so is almost always a dumb move. An appeal after conviction is your last chance, so it’s important to get the very best lawyer possible rather than just sticking with same lawyer that lost your case at trial. We can’t stress enough how naïve it is to have your trial lawyer handle your appeal.
When to File A Criminal Appeal In Michigan
In criminal cases, you have 42 days to file a claim of appeal with Michigan court of appeal and circuit court. The 42 days starts to run when (1) the judgment or order being appealed is entered; (2) an order denying a timely request for appointment of counsel is entered; or (3) an order is entered denying a motion for new trial, for a judgment of acquittal, or for resentencing, provided that the motion was timely filed. MCR 7.204(A)(2).
A motion for rehearing or reconsideration of a motion does not suspend the running of the 42-day period unless the motion for rehearing or reconsideration was filed within 42 days after entry of the judgment. MCR 7.204(A)(2).
Notice of Appeal must be filed in the trial court and court of appeal within 42 days of sentencing
Post Conviction Cases
We Can Help
- Changes of Plea
- Motions for a New Trial
- Plea Withdrawals
- Post-Conviction Motions
- Sentence Appeals
- Sentence Modifications
- Sentence Reversals
- Writs of Certiorari
- Writs of Habeas Corpus
We Can Help You;
- Appealing a Criminal Conviction
- Appealing Murder Conviction
- Appealing Sex Crime Conviction
- Appealing Robbery Conviction
- Appealing Felony Conviction
- Appealing Manslaughter Conviction
- Appealing DUI Conviction
- Appealing Drug Conviction
- Appealing Sexual Assault Conviction
- Appealing Federal Crime Conviction
- Appealing Money Laundering Conviction
- Appealing Domestic Violence Conviction
What Kind of Error Can Be Corrected By Appeal?
• Harsh sentences
• Faulty arrests
• Faulty search warrants
• Insufficient evidence
• Improper wiretaps
• Incorrectly applied laws
• Faulty jury instructions
• Removal of minority jurors
• Failure to identify informants
• Prosecutorial Misconduct
The Judge may have excluded defense evidence that should have been heard by the jury;
The Judge may have permitted the jury to hear prosecution evidence that should have been excluded;
Prosecutors can make unintentional errors or engage in intentional misconduct;
Defense attorneys can make mistakes which deprive the defendant of the effective assistance of counsel.
Any more questions, please call 313-982-0010
We handle all criminal appeal in Detroit, Wayne County (MI) , Oakland County (MI) , Macomb County (MI) , Washtenaw County (MI) , Livingston County and Jackson County. We have criminal defense attorneys in Ann Arbor, Detroit, Dearborn, Warren, Livonia, Allen Park, Albion, Lincoln Park, Brighton, Howell, Saline, Monroe, Blissfield, Romulus, Southgate, Hamtramck, Woodhaven, Taylor, Redford, canton, Wayne, Harper Woods, Wyandotte, Livonia, Dearborn, Westland, Lansing, East Lansing, Okemos, Warren, Sterling Heights, Roseville, Eastpointe, Battle Creek, Oak Park, Hillsdale, Inkster, Ferndale, Hazel Park, Whitmore Lake, Plymouth, Farmington, Trenton, Flat Rock, Tecumseh, Clinton, Chelsea, Novi, Garden City, Westland, Northville, South Lyon, Milan, Brooklyn, Melvyndale, Ecorse, Belleville, Canton, and Sterling Heights. An attorney responsible for the content of this Site is M. Zaher, Esq., licensed in Michigan with offices at 18551 W. Warren Ave., Detroit, Mi. 48228. The information contained herein is not legal advice. Any information you submit to us may not be protected by attorney-client privilege.All or some photos shown depict models and may not be actual attorneys or clients. * Prior Results Do Not Guarantee Similar Outcome.
Detroit Location :
18551 W. Warren Ave,
Det. MI. 48228
Southfield Location :
24300 Southfield Rd, Ste 210,
Southfield, MI. 48075
An Appeal Requires Expertise
The Michigan criminal appeal process is a very specialized, complicated process that demands appellate expertise on the part of the attorney. It involves extensive research and written and oral arguments, and can often take a year or more. At Advanta law, we are aggressive in seeking relief through appeals whenever there is a possibility that it will result in a reversal, retrial or a more advantageous sentence for our client. If you're in for the fight of your life for your liberty, start by hiring our criminal appeals lawyer who can see your case through to the end. If someone else initially handled your case, they should not handle your appeal.
CRIMINAL & CIVIL APPEAL LAWYERS
Serving the Entire State of Michigan
& All USA Federal Courts
Guilty! Did the Jury Make the Right Decision? You Can Appeal!
Appeals, New Trial Motions and Conviction Relief
“We Turn Wrongs Into Rights“
Why Should I Appeal?
In Michigan, every person is entitled to appeal their final judgment. Appealing an unfair judgment is vital if you want to preserve your rights. An appeal may only be taken by the defendant from:
Final judgment of conviction
Order denying a motion for a new trial
Order made after judgment affecting the substantial rights of the party
Sentence on the grounds that it is illegal or excessive
The Litigation Attorneys, PLC