The decision made in a criminal court does not necessarily signal the end of a legal case. If an error occurred at some point during the criminal or civil trial process, you could appeal a lower court's conviction to the appropriate appeals court, potentially resulting in a new trial or even an outright acquittal.
Before you decide your next step, you should consider speaking with a Birmingham appeals lawyer about your claim. By examining every decision of law that was made in a case, a dedicated criminal attorney can help determine if a mistake was made and provide excellence in criminal defense every step of the way.
The First Steps to Appeal a ConvictionThere are two legal procedures that allow a person to appeal a court's decision. The more common process is called the appeal of right. As stated by Michigan Court Rules §7.103(A), a criminal defendant has the right to appeal any final ruling issued by a district or municipal court, unless the judgment is based on a guilty plea.
Importantly, there must be a legitimate reason for a defendant to bring an appeal forward to the court. Depending on the circumstances of a case, a defendant or their appeals attorney in Birmingham could bring forward an appeal if the court:
The appeal of right is the main course of action for most criminal appeals. The Circuit Court is required to hear all appeals that meet the criteria of an appeal of right.
Alternatively, you may be able to file an appeal by leave in rare instances. This typically applies when there is no appeal of right, or when someone misses the court date. The court is not required to hear these cases—the decision to hear an appeal by leave falls to the court's discretion.
How Does the Appeals Process Work in Birmingham?Before an appeal is entered with the court, the appellant must notify the court of their intent to appeal. According to Michigan Court Rules §7.104(A)(1), all appellants utilizing their right to appeal must do so within 21 days of the decision in question.
As soon as the court's decision is made, whether during or even before a trial, potential appellants should discuss the court's ruling with a Birmingham appeals attorney. Along with a notice of appeal, you must submit a copy of the decision you are appealing, along with proof that a copy of the court transcript was ordered, and serve the notice of appeal with the trial court.
Within 28 days of the initial filing, you or your legal counsel must file a brief outlining the legal argument for your appeal. There is no need to argue an appeal in person, but you can demand an in-person hearing with the court if you wish. The court may then issue a ruling based on either the submitted brief or the oral arguments.
Allow a Birmingham Appeals Attorney to be an AdvocateReceiving an unfavorable verdict in court does not necessarily mean your case is over. While important questions of law are typically answered during a trial, certain aspects of the court's final decision may be controversial and justify further examination.
A Birmingham appeals lawyer can help you understand the details of your court decision, identify any violations of your rights or proper legal procedure, and follow the precise procedures needed to file an appeal. If you believe a court's decision went against you unfairly, reach out to an experienced attorney to discuss your next step.