What can I Appeal?
FAQs: What can I appeal?All FAQs
FAQs About Michigan Criminal Appeals
What can I Appeal After a Conviction?
If you have been found guilty after a trial, you can appeal:
- The conviction (verdict); and/or
- The sentence
Remember, if you plead guilty, you may have forfeited your right to appeal the conviction. However, you may be able to withdraw your guilty plea under certain circumstances.
Even if you plead guilty, you can still appeal your sentence. However, your attorney must prove that the sentence was higher than was allowed by law, or than was agreed to in a plea bargain.
You may also be able to:
- Request a reconsideration of your sentence on general mercy grounds.
- Ask that your conviction and/or sentence be set aside on the grounds that it violated one or more of your constitutional rights.
- Ask the court to consider new evidence, such as DNA evidence, that could not have been known when you went to trial but that the new evidence would likely lead to a "not guilty" verdict it you were to go to trial again with the new evidence.
- Appeal on the basis that there was insufficient evidence to get a conviction. This is not an easy appeal to win because the appellate courts tends to rule in favor of a jury verdict unless there was an identifiable legal, ethical problem that affected the decision.
More Information About Appeals
- Which Court to File an Appeal With
- The Federal Appeals Process
- What can I appeal?
- How Appeals Are Decided
- The Right to An Appeal
- What Happens When You Win an Appeal
- First Steps in Filing an Appeal
- Legal Rights to Appeal Waived in Plea Bargains
- All FAQs