The legal process a person facing criminal charges goes through is full of complexities. At each step of the way are legal norms, definitions, and procedures that only criminal defense attorneys and prosecutors really understand. The full life-cycle of a case can be years long and it all revolves around a defendant’s rights being guaranteed and defended.
Part of this deals with appeals. During a trial there are certain events that can cause an unjust conviction. Sometimes a judge might make a decision which could directly or indirectly affect a defendant. This might be a decision about procedures, evidence, or jurors. It can also relate to the prosecution. If there is cause to believe that a trial was unjustly affected for any number of reasons then there is what is known as an appeal.
Everyone has a right to file an appeal if they are found guilty after a trial. Being charged with a crime can be nerve-wracking. Being convicted might seem like the worst moment in a person’s life. But there is hope and you have rights. It’s hard to hold a positive outlook after a conviction and while waiting for an appeal but that’s where we come in. Having the right attorney by your side makes all the difference legally and mentally. Our firm specializes in criminal defense and we will analyze your case thoroughly and thoughtfully. We can present various arguments and strategies so that your appeal has the best chances at presenting your side.
What is an appeal?
Michigan has two types of appeals. These depend on whether a person had a trial or if they accepted a plea. If a person pleads not guilty, goes to trial and is convicted, then they are guaranteed an automatic appeal. This is known as an Appeal by Right. If a person accepts a plea or pleads guilty and is then convicted then they have to request an appeal. This is known as an Appeal by Leave. There are many reasons a person might feel compelled to file an appeal.
- Biased judge or jury
- Unjust sentence
- Ineffective assistance of counsel
- Issues with prosecution
- Other violations of rights
Arguing an appeal is not easy. The entire process is time-sensitive and your counsel must be well prepared and highly knowledgeable. Ashlee Duplessis knows how to work the law. She can be your rock during the appeals process and guarantee you will see a fair process.
How to appeal a felony?
After a felony conviction, an appellant (the defendant) has 42 days to file a Claim of Appeal. This claim does not have to state the reason for the appeal or the perceived lack of justice but simply state that the right will be exercised. Along with this claim the defendant has to provide docket entries and proof that the transcripts have been ordered from the court reporters. After the transcripts are received and reviewed the defendant has to file a Brief of Appeal. This is a complex document that argues for a review of the trial, conviction, or sentencing. After this, the prosecution will argue against your Brief of Appeal in their Response Brief and then you will respond to this response.
The climax of these steps is the Oral Argument. This will be held by 3 judges in the Michigan Court of Appeals. The court might take quite some time to respond in full but the overall appeals process can take anywhere from 12 to 15 months. This intensive legal process should definitely not be handled by an inexperienced attorney. Timelines, paperwork, briefs, and arguments are all key components and need to be carefully crafted.
Detroit Legal Defense – Appeals Attorney
If you or a loved one need to appeal a conviction contact our offices today. Ashlee Duplessis has years of criminal defense experience working in all levels of Michigan’s judicial system. Your rights need to be defended by an aggressive and passionate attorney, click here to set up a consultation.