Michigan Criminal Lawyers Blog
Whether an individual feels he or she has been wrongfully convicted for an offense involving alcohol, drugs, a sexual act, or even a violent or serious offense such as robbery or homicide, the appeals process is designed to ensure that a person’s rights are properly defended. This means that if you have been wrongfully convicted or even received a harsher sentence than what would be considered normal according to state sentencing guidelines, you may have grounds to appeal. An experienced Michigan criminal appeals lawyer can review your case to determine whether appealing your case to the Michigan Court of Appeals or the Michigan Supreme Court may be possible in your situation.
Some people have the opinion that mistakes are never made in the legal process, but they definitely are. You may have a lawyer who was simply inexperienced and thus ineffective, jurors may not have been sworn in, a prosecutor may have excluded jurors because or gender or race, evidence may have been obtained illegally. There are dozens of reasons that you may not have received a fair trial, or may have been sentenced in a way that was unduly harsh.
In most cases in Michigan, you have 42 days to file an appeal from the date of judgment. Perhaps you were found guilty of drug possession or sexual assault, and feel that the evidence to support a guilty verdict was insufficient. Perhaps new evidence has been discovered since your conviction, and that new evidence may prove your innocence. Misconduct on behalf of jurors may also be grounds to appeal. Regardless of your situation, it is important to know that the attorney you choose can make all of the difference in whether your appeal is successful. Make certain you choose a Michigan criminal appeal attorney with a proven track record and successful results in appellate matters.
You may assume that taking your case to an appellate court means that it will again be determined whether you are innocent or guilty, however this is not the case. The primary role of an appeals court is to determine whether your verdict was affected by errors made in the legal process. Depending on the seriousness of the errors made, your case may either be retried through the trial court, or your conviction may be reversed. If you were sentenced too harshly, you may be eligible for resentencing.
The only way to know whether you may be eligible to appeal your conviction or sentence is to consult with a capable and aggressive Michigan criminal appeal lawyer. Be certain you give yourself the best possible advantage by hiring an attorney who is competent and thoroughly familiar with the appeals process.