Drug Crime Appeals
Drug Crime Appeals and Post-Conviction Services
Michigan Drug Crime Defense Appellate Law Attorneys
You might think that all drug related crimes receive the same or similar attention by prosecutors, but that is not the case. Certain drugs that are considered to be more addictive and dangerous than others are prosecuted more aggressively, especially when distribution or manufacturing of drugs is involved.
Two of the drugs involved in crimes that usually draw an aggressive response from prosecutors are crack cocaine and methamphetamine. These drugs are not only highly addictive, but can also be associated with gang related activity. For this reason sentencing for felony drug crimes often falls on the stiffer side, especially for repeat offenders.
But drug crimes involving so called "designer drugs” and "club drugs” may also be prosecuted aggressively even when only a few pills intended for recreational use are found in your possession. The abuse and illegal possession of prescription drugs, like OxyContin, is increasing and in some cases, so are the penalties when convicted.
If you have been convicted of drug charges you may think you have no more options but to accept the sentence, but that is not necessarily true. The penalty you receive is intended to be proportionate to the severity of the crime, and especially if you had no priors, a judge should not necessarily "throw the book" at you upon sentencing.
Your Post-Conviction Rights and Options
A few of the post-conviction options you may still have include:
- File a motion for a new trial.
- If your sentence was excessive, you may be able to appeal your sentence.
- If you plead guilty and accepted a plea bargain that was not honored, you may be able to motion to withdraw or change your plea.
- If you received inadequate counsel and were found guilty as a result of ineffective counsel you may be able to file a motion for Ginther Hearing.
- If you served your time but your criminal record is holding you back, you may be able to have your record expunged. See “7 Questions to See If Your Assault Conviction is Eligible for Expungement”.
The Discretionary Power of Judges
Effective March 1, 2003, mandatory sentencing for drug crimes was eliminated by law and the elimination of mandatory prison time was applied to those already convicted and serving prison time for drug crimes. Judges are now allowed greater judicial discretion and flexibility when imposing sentences for drug crimes rather than being required to pronounce hard and fast sentences based exclusively on drug weight. Current Michigan law also allows the lowest-level offenders a five year term of probation and the parole board now has the discretion to grant early release to some inmates serving time for drug crimes.
But this has not stopped the practice of excessive sentences being pronounced for some first-time offenders.
Experienced East Lansing, Michigan, Drug Crime Post-Conviction Motions and Appeals Attorneys
Serving all of Michigan including Detroit, Kalamazoo, Grand Rapids, and Saginaw
We are experienced trial lawyers and appellate lawyers. We know how to review court records to see if your rights were violated during the trial or sentencing process. If you were found guilty for a crime you did not commit because of ineffective counsel, juror misconduct or bias, or because of something the judge did or failed to do, we may be able to help you. And, if your sentence was excessive or beyond what the law permits, we may be able to get your sentence reduced.
In order to help you, we offer a wide variety of post-conviction services, including:
- Appeal by Application for Leave
- Appeal of Right
- Applying to the Court for Probation
- Conviction Set Aside/Record Expungement
- Federal Appeals
- Grounds for a Motion for a New Trial
- Michigan Criminal Sentence Appeals
- Michigan Supreme Court Appeals
- Motion for Directed Verdict
- Motion for Ginther Hearing - Ineffective Counsel
- Motion to Change or Withdraw a Plea
- Other Motions and Appeals
- Post-Conviction and Pre-Sentencing Motions
When you hire the law firm of Grabel & Associates, you can count on a thorough investigation into your case and aggressive post-conviction representation to help you improve the outcome of your case.
We offer a free initial consultation to learn more about your situation and educate you about your options. Email our post-conviction services and appeals attorneys or call us at 1-800-342-7896. The statute of limitations is extremely short for filing post-conviction motions and appeals. The sooner you call, the better your chances are of ensuring you will be able to pursue all legal options available to you.Top