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Motion for Ginther Hearing-Ineffective Counsel

Post-Trial Motions and Appeals

Motion for Ginther Hearing Based on Ineffective Counsel

If you have been convicted of a crime because of ineffective assistance of counsel, one legal option is to file a motion for Ginther Hearing. The term for this motion is derived from the decision People v Ginther, 390 Mich 436 (1973).

A Ginther Hearing is an evidentiary hearing on a defendant's motion for new trial claiming they received ineffective assistance of counsel.

If a plea bargain is accepted by a trial judge, most of the defendant's rights to an appeal are forfeited. It is extremely challenging to appeal a criminal conviction and sentence after a plea bargain or an open plea to the court.

A Voluntary, Informed Plea Must Have Been Made by the Defendant

However, a defendant's waiver of their rights and plea of guilty must be made voluntarily. "Voluntary" does not simply mean that the defendant was not coerced, but that they understood the consequences of the plea and were capable of making an informed decision. If the defendant received ineffective counsel and did not understand the plea, or the rights that were severed with the acceptance of the plea, there may be cause for involuntary plea based on ineffective counsel. If successful, it may be possible for the defendant to withdraw the guilty plea and request a new trial.

A defendant has no legal recourse simply because they did not like their attorney or were unhappy with the outcome of their case. However, an attorney is required to meet certain standards of diligence, including investigating the facts of the case and presenting them properly to the courts. A failure to perform "due diligence" or to follow proper court procedures that results in a conviction may be a cause of filing based on ineffective counsel. In other words, if an attorney failed to reasonably uncover evidence that, if presented would have likely resulted in a different outcome, they may have provided ineffective counsel.

Other examples that might be considered ineffective counsel in a criminal case include:

  • The attorney failed to relay a plea bargain offer by the prosecutor to the defendant;
  • Failing to locate witnesses or verify an alibi;
  • Failure to discover prior convictions that resulted in an increased sentencing;
  • The defendant was given incorrect, false, or misleading legal advice that lead the defendant to plead guilty, thereby waiving their rights to an appeal;

Michigan Criminal Appeals Attorney to File Motion for Ginther Hearing

Reversing a guilty plea and waiver of rights based on ineffective counsel is not an easy legal feat and an experienced criminal appellate lawyer is recommended. There are strict and short time limits on filing motions and appeals in criminal cases so you need to act quickly.

If you believe you received ineffective counsel, contact the law firm of Grabel & Associates today to explore any possible legal options you may have.


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Scott Grabel was kind enough to look into my situation and take his time to speak with me free of charge. Most attorneys will not do that. He gave me reassurance that I had nothing to worry about. If I am ever in need of an attorney in the future I will be calling Scott Grabel and will highly recommend him to anyone with a legal issue. G. K.
Great job Tim, Scott, Daniel very aggressive and knowledgeable They always call you back if you have questions even after hours the best outcome I could've hoped for thanks again R. E.
Great lawyer he went into court and ripped the girl trying to lie on me a new one. He fot me off on all charges and with out him i would be in prision. Thank you so much i will definitely keep your number and pass it on to any one in trouble and keep it for future incase i ever have to go back to court K. J.