DUI Post-Conviction Procedures
DUI Appeals and Post-Conviction Attorney Representing Clients Convicted of Drunk Driving in Ann Arbor, Detroit, Grand Rapids, Lansing, and Throughout Michigan
Individuals who are convicted of operating a motor vehicle with a BAC (blood alcohol concentration) over Michigan's legal limit of 0.08% will be sentenced. The sentence you are given will be determined following an interview with a probation officer, who will question you regarding employment/personal background, criminal history, and drug/alcohol use habits. The probation officer will then approach the court with his/her recommendation regarding sentencing and/or treatment. You will then attend a sentencing hearing in which you may address the judge; it is recommended that at this hearing you demonstrate your regret for what you have done and be forthright.
Some of the criminal penalties you may face when convicted include fines, jail time, license suspension or revocation, community service, and more. The court may order you to have an ignition interlock device installed on your vehicle as a condition of probation, or restoring your driver's license. Many states allow for a DUI conviction to be expunged from an individual's record after a specific number of years have passed following a conviction. Michigan is not one of those states, which means even a misdemeanor offense will remain on your record for life.
Appealing a DUI Conviction in Michigan
By acting quickly, it may be possible to appeal the court's decision, resulting in removal of the conviction from your record, or a lighter sentence. If you or a loved one has been convicted of a DUI offense, we urge you to contact Grabel & Associates immediately. You may feel that the criminal penalties given you were excessive, or that you were wrongly convicted of a drunk driving offense. As highly qualified Michigan DUI lawyers, we know that the appeals process is one that is highly complex; we know how to effectively win in an appeal, and will guide you and provide the support necessary for a good outcome throughout the appeals process.
Following your conviction, it is necessary that grounds be established in order to appeal; this requires the careful consideration of numerous motions and appeals. While you will not get a new trial, the details of your case will be reviewed by a higher court if your motion to appeal is granted. Mistakes can be and are often made in the criminal justice process. It may be that in your opinion the judge was biased, or the jury not properly instructed. Perhaps your defense attorney was ineffective. Regardless of the reason, it is essential to work with a capable criminal appeals attorney who can work with you to determine whether you have an option to appeal your conviction.
As mentioned previously, the appeals process is highly complex; your DUI defense attorney will handle all of the briefs, paperwork, and documentation, ensuring critical deadlines are not missed throughout the process. We will aggressively argue on your behalf, both in and out of the courtroom if necessary. At this point, you must request either the conviction be overturned, or a new trial in the court your case was originally heard in. It is important to note that these requests are rarely granted by the appeals court, however you must complete this step before you will be eligible to appeal to a higher court. The skill and ability of your attorney will play a vital role in whether the appellate court is ultimately convinced your conviction should be overturned, or a new trial granted.
Contact Michigan DUI Post-Conviction Attorney Scott Grabel Today
While it is critical to obtain the legal support and guidance of a capable DUI attorney throughout every phase of your DUI case, it is particularly important when considering an appeal of your conviction. We are available 24/7 to assist you, and possess the knowledge, skill, and proven track record to reach the desired result in your case. Scott Grabel has previously worked at the Michigan Court of Appeals in the Pre-Hearing division, and has the experience and knowledge essential to changing a court decision. Contact our office today, or call our toll-free number at 1-800-342-7896 for a free evaluation.