Being prosecuted for a crime in Michigan is a hard time. While it could be one of the worst feelings in the world, you should not lose hope. After all, you can still fight and go for a better result.
If the court denies your petition for rehearing, it’s best to talk to a Lansing criminal defense lawyer. Ask an experienced attorney for help regarding filing an appeal. The legal expert will help you around the intricacies of post-trial stages of your case.
Even if you’re not pushing to renew your chance at a trial, filing a court appeal is an ideal course of action. In this guide, we give you everything you need to know about filing appeals to the court.
What You Need to Know about Appeals
What are appeals? Why do you need it? What are the steps to do it? Here’s what you need to know.
- What is a Claim to Appeal?
The first step is to identify first what is an appeal. An appeal is a formal request to a higher court to change or review the ruling of a lower court. The appeal itself is the act of asking another court to do a review and one that is filed by an appellant.
It’s crucial for us to remember than an appeal is not a request for a retrial. Instead, an appeal aims is to ask the higher court for their discretion on a decision.
There are different types of appeals in Michigan, with two being common appeals and the third is a writ. They are:
- Appeal by Right
- Application to Leave Appeal
- Petition for Extraordinary Writ
The Michigan Court of Appeals handles each one of these.
- Why Do You Need To File an Appeal?
So, why do you need to file an appeal? In simple terms, nobody wants criminal conviction for anything. Your goal in filing an appeal is to ask a court of higher position to review the lower court’s decision.
The appeals court will try to look at the evidence presented at the trial court level. Their goal is to check if there was an error somewhere.
Depending on the decision, the Court of Appeals may decide to set the decision aside, confirm or change the judgment altogether. They can even request for a full retrial if they see there is a necessity for it.
- What Are The Steps in Filing An Appeal In Michigan?
So, what are the first steps in filing an appeal in Michigan?
Your first move should always be hiring an experienced Michigan appellate lawyer. It’s crucial to ask them to handle the complexities and legalities around the appeal. You would want your appeals attorney to check if you can even do an appeal in the first place.
Even though you can’t appeal to a specific court order in some cases, your lawyer can still help you explore other channels. For example, an appeal by right does not need the permission of the court.
An appeal by leave, on the other hand, is only something that is file-able if the higher court gives its permission. The circuit court, however, still has the final say on any appeal by leave.
Considering Appeal Prescription Periods
When filing an appeal, you need to consider the time limit next. Appeals by right need filing before within 21 days of a specific action. These actions can be either the entry of the judgment or entry of denial for retrial, new trial or relief post-conviction.
For appeals by leave, there are different circumstances when you can do it. These include, but do not limit to:
- A guilty plea from the defendant and they are not the appellant
- Appellation period passed
- Final orders have not entered yet
- Appeal of right is not available
What’s essential is that you work with your Michigan appellant lawyer. See how they can help you work around the process.
Setting the Notice for Appeal and Cost Bonds
Once you hire your appellant attorney, file a claim of appeal through the proper court of appeals and the trial court. You would want to file documents and provide some fees. This includes everything from notice of appeal to underlying fees like a cost bond.
There will be documents that you would need to file to request a review. Any applicable bonds, fees, copy of the claim of appeal, court reporter certificates, and documents need filing to the trial court too. There are additional documents that you would need to file to the appellate court as well.
Find an Experienced Michigan Appellate Lawyer Now
If you receive a prosecution in Michigan, it’s best to talk to an experienced Michigan lawyer to help you in filing an appeal. It’s crucial in helping you get the judgment reviewed and even get a more favorable result if possible.
If you need help, talk to a legal expert now. Get legal support with an expert Michigan attorney from The Clark Law Office.
