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State and Federal Criminal Appeals FAQs in Michigan
Writ of Habeas Corpus
The attorneys at Grabel & Associates are premier trial and appellate lawyers. We are experienced in all aspects of post-conviction claims including federal habeas corpus cases and motions for relief from judgment (also known as “6500 Motions”).
Crimes Eligible for Expungement in Michigan
Take this seven question test to see if you may be eligible to have your criminal record set aside in Michigan. If you are, call our attorneys for expert legal representation to help you put your past behind you.
You are not required by law to have an attorney handle a petition to have a criminal record sealed — but the courts recommend that you do. The steps involved can be tedious and the courts will not cut you any slack just because you chose to represent yourself. If you file the wrong information, complete forms improperly, or make other mistakes, your application could be denied.
FAQs: Why file an appeal?
Four Reasons Why You Might Want to Consider Talking to An Experienced Appellate Lawyer
- Because sometimes, innocent people really do get convicted.
- Because sentences that are imposed by judges are not always fair.
- Because defendants, like everyone else, have constitutional rights that must be honored by the legal system.
- Because an experienced and aggressive appellate lawyer may still be able to improve the outcome of your case.
FAQs: What can I appeal?
If you have been found guilty after a trial, you can appeal:
- The conviction (verdict), and/or
- The sentence
Remember, if you plead guilty, you may have forfeited your right to appeal the conviction. However, you may be able to withdraw your guilty plea under certain circumstances.
Even if you plead guilty, you can still appeal your sentence. However, your attorney must prove that the sentence was higher than was allowed by law, or than was agreed to in a plea bargain.You may also be able to …
FAQS: How are criminal appeals decided?
The appellate court reviews a record of the trial court (or administrative agency) ruling to see if any legal errors were made that may have affected a verdict or sentence. The appellant is responsible for timely submission of the Record of Appeal to the court.
The court does not hear new witness testimony in an appeal, nor does it except new evidence except under strict guidelines and only under certain circumstances. The court of appeals is a supervisory court; it purpose is to review decisions and to assess whether or not there were any legal errors, or bias, or conflict of interest that affect the decision…
Continue Reading →FAQS: The Right to An Appeal
If you have been convicted of a crime by a trial court in the federal system you may be entitled to appeal the decision to a federal court of appeals. Both the government and the defendant have certain rights to appeal …
FAQS: What happens when you win an appeal?
In most situations, it you win your appeal, you case will be “remanded.” This means the case will be sent back to the trial court or judge responsible for your conviction and/or sentencing. If the case is remanded, you might…
Continue Reading →FAQs: What is an appeal?
An appeal is a request to a supervisory court that is usually composed of a panel of judges, to change the legal ruling of a lower court. The process of exercising the right to submit a request for review of a decision made by another court is referred to as “to appeal” or “to take an appeal.”
Appeals are made in state and federal courts, and may end up going all the way to the Michigan Supreme Court, or even the United States Supreme Court…
FAQs: How much does a criminal appeal cost?
Hiring an attorney may seem like yet another legal expense, however, an experienced appellate lawyer may be able to help you get a reduced sentence, a new trial, a record expunged, or improve the outcome of your conviction in some other way. Each case is different, and we determine our fees in accordance with the level of offense and time your case will require. To help you have easier access to quality legal representation, our fees are reasonable and our law firm accepts major credit cards. We also invite you to contact our attorneys for a free initial consultation to discuss your case, legal options and possible outcomes, as well as fees involved.
Some of the costs associated with post-conviction legal services and appeals include…
Continue Reading →FAQs: Which Court to Appeal To
The court of appeals in which to file an appeal depends on which trial court’s decision you are appealing. There are three trial courts in Michigan: circuit, district (including four municipal courts), and probate. Appeals are also sometimes filed with the “court of last resort” or the Michigan Supreme Court, and some appeals make it all the way to the U.S. Supreme Court. Here is a list of which court to file an appeal in Michigan.
