When a person accused of a sex crime is convicted, it is difficult to change the way the public sees you. It hurts your dignity and credibility, even after you serve your sentence. It’s especially true if you have been wrongfully convicted or sentenced to suffer excessive penalties. A Michigan sex crime attorney can help you appeal your conviction and restore your credibility.
Michigan’s Strict Sex Offender Registry
Currently, Michigan has one of the strictest law against sex offenders. It restricts civil liberties of an ex-convict even years after incarceration.
People in the list are required to report to authorities as often as four times a year, and inform them of private information such as their home address, place of work, license plates, e-mail addresses and more. It even restricts them of being or living within a thousand feet near a school.
These limitations on their civil liberties are set in place even years after their sentence despite having a clean slate post-conviction. For others, these restraints are with them for the rest of their lives.
On May 23, 2019, the Federal District Court in Michigan issued an order which compelled lawmakers to amend the current Michigan sex offender registry law until August 21, 2019. The court made this decision after finding its provisions restrictive and ineffective at protecting the public.
If you were recently convicted, know that you don’t need to wait for reforms to protect yourself. There are other means that the law allows for you to take to possibly reduce your sentence or penalty, or acquit you in case of a wrongful conviction.
Post-conviction Motion in Michigan
Before the appeal, there are post-conviction motions. It is not essential in filing appeals, but it is important to note should you decide not to file an appeal.
A motion for new trial is a post-conviction motion which one files if there is new evidence discovered or the new trial will be in the interest of justice. The grant or denial of the motion is based on the trial judge’s own perspective and judicial discretion. The judge grants it if he believes that there was a miscarriage of justice, or that there may have been insufficient evidence to support a conviction.
These types of motions aren’t lost upon appeal. You can still avail them as the last opportunity to protect yourself and even raise new evidence after a lost appeal.
Appeal for Sex Crimes
There are appeal of right and leave of the court for appeal. One is taken over the other based on the conviction.
- Appeal of Right
If the jury found you guilty, then you are considered guilty by trial. When one is guilty by trial, there is a right to appeal or an appeal of right. It is called an appeal of right because it gives you the right to raise issues on appeal and have these issues heard.
To avail this, you must file your appeal with the Michigan Court of Appeals within 42 days from your sentence. After filing an appeal, your appeal will be scheduled, and you will then have 56 days to prepare your brief and submit the same.
A brief submitted on appeal should contain facts, arguments, and the law on which you base your arguments. Your brief must be compelling enough for the court to reverse the decision of the trial court, or modify the terms of conviction to render a lighter sentence.
- Leave of the Court for Appeal
If you have plead guilty to the charge or had taken a plea deal, you cannot file an appeal of right. Instead, you should file a leave of the court to appeal your conviction. What this means is that unlike an appeal of right where you have the right to appeal immediately, here, you request the permission of the court of appeals to hear your case.
To avail this, you must file your leave of court for appeals with the Michigan Court of Appeals within 21 days from sentence. It may be approved or denied because this type of appeal is subject to the discretion of the Court. If the Court grants the appeal, it is as if you filed an appeal of right.
Law Firm for Sex Crime Appeals
If you, or your loved one has been convicted of a sex crime you must invest in a law firm that not only understands your frustrations, but also has extensive knowledge of the law and experience in litigation.
Don’t put the fate of your loved one to someone inexperienced, trust in The Clark Law Office! The Clark Law Office has been around for decades. Over the years, we have built our reputation by putting our client’s rights first. We will make sure that our client is always protected and defended against unjust convictions and improper penalties. Contact us today.