MICHIGAN'S EXPERT APPEAL LAW FIRM - CRIMINAL AND CIVIL APPEALS - (517) 993-9555
CALL 24 HOURS 7 DAYS - (517) 993-9555
CALL 24 HOURS 7 DAYS - (517) 993-9555
CRIMINAL APPEALS
Options for a Wrongfully Convicted Person
Options for a Wrongfully Convicted Person
Options for a Wrongfully Convicted Person
The available option is for our expert criminal appeal lawyer to file what's called a 6500 motion asking the State of Michigan county circuit or district court to set aside the conviction. These motions are decided at the discretion of the judge and you only get one shot, so make sure you have one of our experienced attorneys to bring it strong. Judges are very reluctant to set aside a conviction, so you need to have definitive detailed proof and facts clearly showing you are innocent. This includes the original transcripts from the trial as well as, for example, new affidavits, newly discovered documents, DNA lab results (if applicable), new witnesses, photographs, video or anything else that has been discovered.
Michigan Court Rule 6.500 governs post-appeal relief.
Expunge a Conviction
Options for a Wrongfully Convicted Person
Options for a Wrongfully Convicted Person
Expungement has the effect of setting aside a State of Michigan county circuit or district court criminal conviction, which permits the person to honestly tell potential employers and others that the individual has not been convicted of a crime. However, even an expunged criminal record can be used for some purposes. Not all clients are eligible to have their adult convictions expunged, and not all convictions are capable of being expunged. The expungement statute permits a person convicted of not more than one felony and not more than two misdemeanors to petition the local county circuit court to set aside the felony. A person who is convicted of not more than two misdemeanor offenses and no other felony or misdemeanor offenses may petition the convicting county circuit court to set aside one or both of the misdemeanor convictions. Has it been at least five years since any of the following occurred last?
- imposition of the sentence for the conviction that the person seeks to set aside
- completion of probation imposed for the conviction that the applicant seeks to set aside
- discharge from parole imposed for the conviction that the applicant seeks to set aside
- completion of any term of imprisonment imposed for the conviction that the applicant seeks to set aside
Call today to speak with an expert criminal appeal lawyer about an expungement today.
File a Motion for a New Trial
Options for a Wrongfully Convicted Person
File a Motion for a New Trial
A defendant may file a timely motion for a new trial before the filing of a timely claim of appeal. A defendant may conceivably file two motions for new trial before the time for filing a claim of appeal: (1) prior to sentencing and (2) after sentencing. A defendant who has filed a timely claim of appeal may file a motion for new trial with the trial court if the motion is filed within 56 days after the time for filing a brief has begun to run or pursuant to a motion for remand. A defendant who may only appeal by leave or who fails to file a timely claim of appeal may file a motion for new trial within six months of the entry of the judgment of conviction and sentence. A defendant who is no longer entitled to file a claim of appeal or application for leave to appeal may seek relief under MCR 6.500. Filing a timely motion for new trial will also allow the defendant to preserve various issues for appellate review. For example, a challenge that the jury verdict is against the great weight of the evidence is preserved for appellate review if raised in a motion for new trial. There are numerous appellate grounds for granting a new trial, including ineffective assistance of counsel, erroneous jury instructions, newly discovered evidence, and prosecutorial misconduct.
Call today to speak with an expert criminal appeal lawyer about seeking a new trial.
Timing for Criminal Appeals
Can I stay out of Prison while my appeal is filed and decided?
File a Motion for a New Trial
A criminal appeal typically starts at sentencing. Once the court pronounces sentence, a defendant has 42 days to either request counsel or file an appeal to the court of appeals. A defendant can extend this period with a timely motion for directed verdict of acquittal, a motion to correct an invalid sentence, or motion for new trial. If a timely request for the appointment of counsel is denied, the defendant also has 42 days from the denial of that request to claim an appeal. A delayed appeal is possible by leave of the court within six months of the date of sentencing or the denial of a timely motion for new trial, rehearing, or relief from judgment if it was filed within 21 days of the date of the original judgment or within further time that the trial court allowed within the original 21-day period.
Call today to speak with an expert criminal appeal lawyer about your case.
Can I stay out of Prison while my appeal is filed and decided?
Can I stay out of Prison while my appeal is filed and decided?
Can I stay out of Prison while my appeal is filed and decided?
Individuals (except for one narrow exception) convicted of sexual abuse of a minor do not have a chance. For most individuals, Michigan law leaves open this possibility, but it is largely left to the discretion of the trial judge. A winning motion for bond pending appeal has to be a highly individualized presentation of why a particular individual is not a flight risk, is not a community danger, and has a real chance of winning the appeal. There is no constitutional right to bond pending appeal. Nonetheless, Michigan has had a strong tradition of permitting bond pending appeal. A motion for bond pending appeal should be presented first to the trial court but may be renewed before the court of appeals. A trial judge has considerable discretion to admit most criminal defendants to bond pending appeal.
Call today to speak with an expert criminal appeal lawyer about your case.
MICHIGAN: APPEAL FOR RESTORATION OF YOUR DRIVER’S LICENSE
Can I stay out of Prison while my appeal is filed and decided?
Can I stay out of Prison while my appeal is filed and decided?
A motion to set aside or modify a restriction of a driver’s license ordered by the Secretary of State can be filed pursuant to MCL 257.323. First, you must address jurisdiction by showing you are a resident of the county where you are filing pursuant to MCL 257.323(1). After a hearing with the Secretary of State pursuant to MCL 257.625 concerning a suspended or restricted driver’s license, you can appeal to the State of Michigan County Circuit Court. Pursuant to MCL 257.323, the State of Michigan County Circuit Court Judge may affirm, modify, or set aside the restriction and related conditions established by the Secretary of State. The most common basis for the appeal being the restriction on the driver’s license will work great hardship on the person, for example being that there is insufficient public transportation in the person’s area to allow use public transportation for his medical and other transportation needs. Finally, an Affidavit in Support of the Claim of Appeal for Restoration of Driver’s License should be included. If you would like to discuss the restoration of your driver’s license with one of our Michigan Appeal Lawyers, call today to set up a free consultation.
Call today to speak with an expert criminal appeal lawyer about your case.
Common Issues for Criminal Conviction Appeals
Common Issues for Criminal Conviction Appeals
Common Issues for Criminal Conviction Appeals
Certain issues require a motion for new trial to be filed before they can be heard on appeal. These include the following:
- Challenge to the weight of evidence. A challenge to the weight of evidence needed to convict the defendant must be presented in a motion for new trial. Appellate courts review a trial court’s determination of the weight of evidence for an abuse of discretion. If the defendant fails to bring a motion for new trial in the trial court, the defendant waives the issues. A weight-of-evidence issue should be distinguished from a challenge to the sufficiency of evidence, as the latter can be presented for the first time on appeal.
- Newly discovered evidence. A claim of newly discovered evidence must ordinarily be presented to the trial court in the first instance. Where the evidence, if taken as true, is sufficient to grant the defendant a new trial, the appellate court should remand the matter for an evidentiary hearing where this testimony can be heard.
- Ineffective assistance of counsel. Similarly, a claim of ineffective assistance of counsel must ordinarily be heard for the first time in the trial court. There is a narrow exception where counsel’s ineffectiveness is apparent in the record. Where there has been no motion for a new trial or a Ginther hearing in the trial court, a claim of ineffective assistance of counsel is deemed waived except to the extent that it is supported by the record on appeal.
Call today to speak with an expert criminal appeal lawyer about your case.
FEDERAL PRISONER EARLY RELEASE
Understanding The Compassionate Release Program
Understanding The Compassionate Release Program
Understanding The Compassionate Release Program
The Compassionate Release program at the Federal Bureau of Prisons (BOP) permits certain inmates who no longer pose a significant threat to society to petition to be released from prison before their sentences are complete if they encounter extenuating circumstances that may merit an early release. This program allows federal prison inmates and their friends or family members to request reduced sentences or early release from the BOP for a variety of reasons, like the diagnosis of a serious medical condition or incapacitation of a spouse. If you need a criminal appeal lawyer, call today.
Compassionate Release for Covid-19
Understanding The Compassionate Release Program
Understanding The Compassionate Release Program
Federal law authorizes the Bureau of Prisons to allow certain inmates to request “Compassionate Release” which allows for early release from Federal prisons under “extraordinary and compelling” circumstances. Additionally, the First Step Act may allow judges to release federal inmates during this pandemic, especially those with serious illnesses or conditions or those that are vulnerable to respiratory issues that can be particularly harmful if infected with the Coronavirus. If you would like assistance filing a motion for Compassionate Release, throughout Michigan, due to Coronavirus or COVID-19, please contact our office to discuss your specific case. Our consultations are free. If you need a criminal appeal lawyer, call today.
The First Step Act
Understanding The Compassionate Release Program
Who may qualify for compassionate release?
In 2018, the First Step Act was passed to make the justice system fairer and to facilitate inmates’ successful transition back to society. Consequently, those serving long prison sentences now have a new opportunity to file a court motion for compassionate release. Before this, inmates had to request early release directly from the BOP. The BOP would then agree to file a motion with the court requesting the inmate’s early release. Since the BOP rarely files motions for their inmates, they would essentially remain in limbo.
Now, if the BOP refuses their request, federal prison inmates, their friends and family members can petition the court for early release directly. This post describes some of the situations that may merit a compassionate release, how to successfully seek these concessions on the behalf of a loved one, as well as typical constraints to the program. If you need a criminal appeal lawyer, call today.
Who may qualify for compassionate release?
Some examples of situations that may qualify for compassionate release:
Who may qualify for compassionate release?
Inmates with “extraordinary and compelling circumstances”
The BOP and the U.S. Sentencing Commission both have standards outlining the several types of “extraordinary and compelling circumstances” for which one may seek a reduced sentence or early release. These are broadly defined, especially by the Sentencing Commission, and both may be mentioned in your motion to the court. Circumstances related to medical conditions for example, must be confirmed by a licensed physician in addition to the court and BOP personnel related to the case. If you need a criminal appeal lawyer, call today.
Some examples of situations that may qualify for compassionate release:
Some examples of situations that may qualify for compassionate release:
Some examples of situations that may qualify for compassionate release:
Medical Circumstances
- Terminal Diagnosis: Upon receipt of a terminal diagnosis with a life expectancy that is less than 18 months, an inmate can seek compassionate release.
- Debilitating Medical Condition: This applies to inmates who suffer from incurable, progressive illnesses. It also extends to inmates who can no longer care for themselves due to disability or a debilitating injury, and to those who are bed- or wheelchair-bound. Diminishing cognitive function, as in patients with Alzheimer’s, for example, may also merit early release.
Elderly Inmates
- Inmates who were sentenced on or after the “new law” was implemented in November 1, 1987, and who are 70 years or older and have served at least 30 years of their sentence.
- At least 65 years old, in failing health and have served at least 10 years or 75% of their original sentence.
Family Circumstances
- If the family member caring for the inmate’s child dies or becomes otherwise incapacitated and therefore incapable of caring for the child.
- In the case where an inmate’s spouse or registered partner becomes incapacitated and the inmate is the only available caregiver.
If you need a criminal appeal lawyer, call today.
Inmates who no longer pose danger or a risk to their community:
Some examples of situations that may qualify for compassionate release:
Some examples of situations that may qualify for compassionate release:
Only inmates who would not be a danger to their community will be released under the Compassionate Release Program. To measure this risk, many judges refer to the Bail Reform Act, which details what should be considered before an inmate is released. If, for example, the inmate was on bond before their trial, this may show that they don’t pose a significant risk to their community. Some of the factors to be considered include:
- Nature of the crime committed
- Evidence against the inmate
- Character and history of the inmate: the current physical and mental condition of the inmate, ties to family and/or local community, criminal history, history of drug or alcohol abuse
- Length of sentence and time served
- Release plans: future employment, medical condition, financial
According to sentencing guidelines found in 18 U.S. Code § 3553, courts should also consider:
- The need for the sentence that has been imposed
- Does the sentence reflect the gravity of the offense?
- Does the sentence provide adequate deterrence of future criminal conduct?
- The types of sentences available for the crime committed
- Does the sentence sufficiently protect the public?
After serving a portion of the sentence, the answers to these questions will likely be different than they were at sentencing. Each request weighs each of these considerations differently to determine whether an inmate’s release is safe for his or her community. If you need a criminal appeal lawyer, call today.
How to file for compassionate release:
What makes a motion for compassionate release successful?
What a “Final Decision” usually looks like:
Prior to filing a motion for compassionate release with the court, according to the First Step Act, one must fulfill one of these prerequisite requirements:
- Have requested early release from the BOP as part of the Compassionate Release Program and waited at least 30 days for the BOP to respond.
- Have requested early release from the BOP and received a rejection; have “exhausted all administrative remedies” available via the BOP.
The BOP normally responds to early release requests and it usually rejects most of those requests. Before filing with the court, however, all “administrative remedies” must be exhausted. This means that the individual petitioning for early release must appeal the BOP’s decision up through the ranks until a “Final Decision” has been reached. If you need a criminal appeal lawyer, call today.
What a “Final Decision” usually looks like:
What makes a motion for compassionate release successful?
What a “Final Decision” usually looks like:
An inmate requests that the BOP files a motion for his or her early release:
- The Warden responds within 30 days by granting or denying the request
- If the request is rejected by the Warden, the inmate has 20 days to appeal the Warden’s decision
- The regional director will grant the appeal or uphold the Warden’s decision
- If the request for early release is denied by the Regional Director, the inmate has up to 30 days to appeal
- The BOP’s General Counsel or the BOP Director will hand down the final decision on the inmate’s request.
After the final decision has been received and the request for early release has been rejected, the inmate is free to file directly with the court. If you need a criminal appeal lawyer, call today.
What makes a motion for compassionate release successful?
What makes a motion for compassionate release successful?
What makes a motion for compassionate release successful?
If the inmate may qualify for a compassionate release, a convincing case in support of your request is essential. Successful motions for release will achieve the following:
1. Demonstrate that “extraordinary and compelling reasons” justify an early release. Medical conditions may warrant a request for expedited review. Supporting documentation, like verifiable medical information or copies of the death certificate of the inmate’s child’s caregiver for example, are critical to building a compelling case for early release.
2. Substantiate that an inmate’s early release from prison is reasonable according to the standard sentencing guidelines and that it does not put the community at risk. If the condition is physically or mentally disabling, or the inmate was released on bond prior to their trial, for example, the inmate may pose significantly less risk to society. Highlighting character references and admirable behavior patterns can help to shore up a compassionate release request.
3. Proposed release plans that work to re-integrate the inmate after incarceration. Answer where the inmate will live and work upon release. If the request is based on a medical condition, show how the inmate will be treated and note who will cover those costs. If the inmate poses a risk to the community, a judge may consider stipulating that a curfew, home detention or location monitoring be enforced as a condition of the release. If you need a criminal appeal lawyer, call today.