Michigan Appeals & Post-Conviction Remedies
Criminal Sexual Conduct Attorneys in Michigan Defending Your Rights
Being convicted of a sexual offense or child abuse crime can be an extremely scary situation, especially when the conviction occurred due to serious flaws in the legal proceedings. Unfortunately, mistakes that are not the fault of the defendant can lead to unfair convictions and consequences. Michigan allows an appeal of right to the Michigan Court of Appeals after conviction at trial, which must be begun within 42 days of sentencing. On appeal, the accused can attack the process by which he was convicted, or the sentencing, or both. When a defendant pleads guilty or no contest, there is no right to appeal, but there is the option of a trial court motion to withdraw plea, or an Application for Leave to Appeal to the Michigan Court of Appeals. Whichever side loses at the Court of Appeals may file an Application for Leave to Appeal to the Michigan Supreme Court within 56 days of losing in the Court of Appeals. Normally, it is best to have a different attorney than the trial attorney handle the appeal.
If the accused loses in the state courts, he has the option of taking the case to federal court (US District Court) with a Petition for Habeas Corpus, which is restricted to issues already raised in the state courts that were "exhausted" as federal issues in the state courts. After that, there are potential appeals to the US 6th Circuit Court of Appeals, and US Supreme Court.
If the accused has tried those and lost, or missed the filing deadline for motions, there remains the possibility of a Motion for Relief from Judgment, also known as a 6.500 motion, presented to the circuit court where the accused was convicted. There are potential appeals if that loses in circuit court.
If the conviction is in federal court, there are different rules to follow, including the very short time limit of 14 days to file to begin an appeal.
Most legal issues for appeal fall into one of these categories:
- Error of law by judge.
- Misconduct by prosecutor.
- Ineffective assistance of counsel by defense counsel.
- Insufficient evidence to convict.
- Newly discovered evidence.
Michigan Sex Crime Attorneys with Extensive Experience
At Smith Blythe, PC, we understand that mistakes are often made in our legal system, and that the results can be devastating. Our Michigan criminal sexual conduct attorneys have an in-depth experience filing appeals, as well as a variety of other post-conviction motions, and are ready to assist you. We frequently work with other attorneys and as a result, have assisted numerous clients with the post-conviction or sentencing process. Together with the attorneys we work with, the lawyers have provided arguments before many circuit courts, the Michigan Court of Appeals, Michigan Supreme Court, US District Courts, US Court of Appeals, and United States Supreme Court. We can be sure to economically and efficiently secure the best team of lawyers for each case and the circumstances involved.
We have extensive experience filing:
- Claims of Appeal
- Applications for Leave of Appeal
- Motions for Reconsideration
- Motions for New Trial
- Motions to Withdraw Plea
- Motions for Resentencing
- Motions for Relief from Judgment
- Motions for Bond
- Motions Regarding Sex Offender Registration and Electronic Monitoring
- Petitions for Habeas Corpus to US District Court
- Certificates of Appealability
- Briefing and Oral Argument at State and Federal Courts
- Petitions for Writ of Certiorari to the US Supreme Court
Call for a Free Consultation of Your Case
Due to time restrictions for filing motions, it is important to retain the services of an experienced and knowledgeable Michigan sex crimes lawyer as soon as possible. Our team will take the time necessary to carefully review every aspect of your case, conduct investigations and research, find any legal or procedural errors that occurred before trial, during trial, at plea, or at sentencing, and discuss what legal options you may have available to remedy any mistakes that were made.