If you have been convicted of a crime in Michigan, you may wonder if you have any options to challenge your conviction or sentence. Depending on the circumstances of your case, you may be able to file an appeal to a higher court and seek relief. However, appealing a criminal conviction is not a simple or straightforward process. It involves strict deadlines, complex rules, and persuasive arguments. In this blog post, we will explain some of the basics of Michigan's criminal conviction appeals process and why you need an experienced appellate lawyer to guide you through it.
An appeal is a legal procedure that allows a party who is dissatisfied with the outcome of a trial or a plea agreement to ask a higher court to review the lower court's decision and correct any errors that may have affected the result. An appeal is not a new trial or a chance to present new evidence or witnesses. Rather, an appeal is based on the record of what happened in the lower court, including the transcripts of the proceedings, the exhibits admitted into evidence, and any motions or orders filed by either party.
An appeal can challenge either the conviction itself or the sentence imposed by the lower court. The grounds for an appeal can vary depending on each case, but some common examples are:
- The lower court made a mistake of law that prejudiced the defendant's rights
- The lower court abused its discretion in making evidentiary rulings or sentencing decisions
- The prosecutor committed misconduct that deprived the defendant of a fair trial
- The jury verdict was against the great weight of the evidence
- The defendant received ineffective assistance of counsel
Not every defendant who is convicted of a crime has an automatic right to appeal. The right to appeal depends on whether the defendant was convicted by a jury trial, a bench trial (where the judge decides guilt or innocence), or by entering a plea agreement.
If you were convicted by a jury trial or a bench trial in Michigan's district court (which handles misdemeanors) or circuit court (which handles felonies), you have an **appeal of right** to challenge your conviction or sentence. This means that you do not need permission from anyone to file an appeal; you just need to follow certain procedures and deadlines.
If you were convicted by entering into a plea agreement with the prosecutor in exchange for reduced charges or sentencing recommendations, you do not have an **appeal of right**; instead, you have an **appeal by leave** (also known as **application for leave**). This means that you need permission from either the circuit court (if your plea was entered in district court) or from the Court of Appeals (if your plea was entered in circuit court) to file an appeal; otherwise, your appeal will be dismissed.
The difference between an **appeal of right** and an **appeal by leave** is significant because it affects your chances of success and your eligibility for appointed counsel if you cannot afford one.
The process for appealing a criminal conviction varies depending on whether it is an **appeal of right** or an **appeal by leave**, but it generally involves these steps:
The first step is to file either a notice (for appeals by right) or an application (for appeals by leave) with the clerk of the circuit court (for appeals from district court) or the Court of Appeals (for appeals from circuit court).
The notice/application must include basic information about your case such as
your name, your attorney's name, the case number, the date and nature of judgment/sentence, and the issues that you intend to raise on appeal.
The notice/application must also be served on
the prosecutor, the attorney general, and any other parties involved in your case.
The deadline for filing notice/application varies depending on whether it is an **appeal by right** or an **appeal by leave**, but generally it ranges from 21 days to 6 months after entry of judgment/sentence.
The second step is to prepare/transmit/order the record of what happened in the lower court. The record includes
the transcripts, the exhibits, and any other documents relevant to your case.
Depending on whether it is an **appeal by right** or an **appeal by leave**, different parties are responsible for preparing/transmitting/ordering the record. Generally speaking, for appeals by right from district/circuit courts: You are responsible for ordering/paying for transcripts.
If you or a love one have a question about the criminal legal appeals process, contact us today for a legal consultation.
This blog does not constitute legal advice. By reading this blog you are not creating an attorney/client relationship with North Coast Legal, PLC. An attorney/client relationship is established once you and North Coast Legal, PLC have entered into a retainer agreement for services to be rendered.
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