Types of Post-Conviction and Pre-Sentencing Motions
Post-Conviction Legal Services Available to Michigan Defendants
The jury has reached a verdict, or a judge has made a ruling. You may think all you have left to do now is await sentencing, and, while some cases may seem cut-and-dry, not all are. If you have been convicted of a crime, it makes sense to discuss post-conviction legal services that may help you obtain a more favorable outcome.
Post-Conviction Motions vs. Direct Appeal
Post-conviction motions are different from a direct appeal, and both can be advantageous for defendants to consider. Appeals are filed with the appellate court and post-convictions motions are filed with the trial court. Post-conviction motions are sometimes filed after a direct appeal has been lost, but many are also filed after a conviction either before or after sentencing.
Some of the reasons to file a post-conviction motion include:
- To request a new trial;
- To address issues that may or may not have been clear by a review of the trial transcripts and record;
- To introduce new evidence that was not, or could not have reasonably known at trial (for example, DNA testing that is likely to show the defendant was innocent);
- To bring to the court's attention evidence of perjury by a witness that, without whose testimony a verdict of guilty would have been unlikely;
- To address juror misconduct or juror bias;
- To demonstrate prosecutorial misconduct;
- To show that a judge that was biased and should have recused him/herself before trial due to some conflict of interest, or, that the court did not have proper jurisdiction over the defendant or the crime;
- To claim ineffective assistance of counsel (usually by filing a motion for Ginther Hearing);
- To change or withdraw a plea, or, if a plea sentence violated a defendant's constitutional rights;
- To bring to light changes to the law especially in regard to sentencing.
When Motions are Denied, an Appeal May Still be Possible
Motions are often denied by the courts, but this still does not mean the defendant has no further legal options available. If a motion is denied, a defendant may be able to appeal the trial court's order by filing a notice of appeal:
- Appeal of Right
- Appeal by Application of Leave
- Appeal for Penalty / Sentence Reduction
- The Appeals Process
- First Steps in Filing an Appeal
- Which Court to Appeal To
- Federal Appeals
Contact Grabel & Associates to Discuss your Appeal Options
Get a Free, Expert Legal Opinion About Post-Conviction Services and Appeals That Might Be Right For You
There are many legal options and strategies available to assist defendants after a conviction, either before or after sentencing, however, it is important that you speak to a criminal defense attorney who is experienced in appellate law.
Post-conviction motions and appeals require special legal skills and a keen understanding of court procedures and case progress in various jurisdictions. Our law firm only handles criminal defense law so we know how to develop your petition for appeal or expungement using clear, concise evidence and argue forcefully for a favorable outcome.
We have the experience and expertise to identify any legal issue that might help work in your favor to overturn a wrongful conviction and give you another chance for freedom from a criminal record and any penalties the court may have unfairly assessed.
Attorney Scott Grabel has experience representing clients in the Michigan Court of Appeals and has more than 10 years of experience successfully handling appeals cases for people convicted of federal and state crimes throughout the state of Michigan. Criminal appeals are highly specialized and need a criminal defense firm that understands the intricacy of how to identify high quality issues on behalf of clients and argue for them in the most aggressive and persuasive fashion to convince the appellate court to lower the court's decision. Scott Grabel’s reputation as a criminal defense lawyer is well-known, and he has spoken as an expert on Court TV's Best Defense.
To discuss your criminal appeal, contact Michigan criminal attorney Scott Grabel by calling 1-800-342-7896. We have case consultants available 24 hours a day, seven days a week.