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Clarkston Appeals Lawyer

Navigating the criminal justice system while facing criminal charges can be an intimidating experience, and the appeals process, in particular, can be especially lengthy and daunting. Fortunately, a Clarkston appeals lawyer may be able to explain the process to you and how it may potentially impact your conviction. Once retained, a qualified criminal defense attorney can examine your situation and assess your case to determine if you have adequate grounds for an appeal.

Types of Appeals in Clarkston

Whenever someone is convicted of a criminal offense, they have an absolute right to appeal their conviction. This type of appeal is known as an appeal by right.

In other cases, however, individuals must pursue an appeal by leave, which requires the permission of the court when filing. Typically, this appeal occurs after individuals have pled guilty to a crime or the time for filing an appeal by right has already passed.

It is important to note that disagreeing with the outcome of a case is not adequate grounds for an appeal. Instead, successful appeals center around legal errors that ultimately affected the decision of the judge or jury in convicting the defendant. Some common examples of legal errors may include situations in which the court:

  • Misapplied a law or statute
  • Wrongfully allowed evidence at trial
  • Wrongfully suppressed evidence during a trial
  • Committed procedural errors in trial proceedings

A Clarkston appeals attorney may be able to determine any bases for an appeal of a criminal conviction and take steps to build a strong and compelling case.

The Appellate Process

Either the defendant or the prosecution can appeal the outcome of a criminal case. The appealing party is the appellant, and the responding party is the appellee. The appellant—along with their Clarkston appeals lawyer, if they choose to retain one—has the burden of proving that a legal error occurred in the case that resulted in a wrongful conviction.

Except in rare cases, the court reviewing the case does not consider or examine any new evidence in the case. Instead, the court reviews the record of the trial and all evidence submitted during the trial.

The appellant submits a written argument to the court explaining what legal errors occurred and why they justify the reversal of a conviction. The prosecution or appellee will then file their written counterargument. For example, the appellee may say that if legal errors did occur, they were harmless in that they did not impact the outcome of the case.

The appellant may submit a final written response to the appellee’s arguments. The court would then decide whether to hear oral arguments from the attorneys. Ultimately, the court would determine the outcome of the appeal.

Talk to a Clarkston Appeals Attorney About Legal Options

If you believe that legal errors occurred during your trial and you were convicted of a criminal offense wrongfully, skilled legal counsel may be able to help. A criminal appeal is far different from a criminal trial, and having the help of a Clarkston appeals lawyer can be invaluable in filing a successful appeal.

Appealing your case is your right by law. Call a dedicated attorney today to learn about your options.

Call Today! FREE Consultation Lawyer and Receive Immediate Attention for Your Criminal Law Case Patrick T. Barone is a Michigan Super Lawyer, who has maintained continuous top attorney ratings since 2007. In addition, the Michigan native is the author of multiple books on OWI, DUI and criminal law. The OUIL attorney near me has lectured at over 80 legal seminars all over America. He leads Barone Defense Firm in providing aggressive legal warriors for each client's criminal case.

Contact us 24 hours a day at our law firm’s easy to remember toll-free number, 1-877-ALL-MICH or 877-255-6424, for a free criminal case review. The Michigan attorneys near me at Barone Defense Firm travel the entire Great Lakes State, to help citizens in legal trouble in Michigan for alleged criminal law violations.

For your FREE lawyer consultation, call today to learn how to protect yourself from a possible unwarranted conviction. What do you have to lose, when the free legal advice with our litigation team’s criminal lawyers near me can answer many tough questions?

Client Reviews
Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.