At Brownstone Law, our Michigan post-conviction attorneys have experience protecting our clients’ rights and reputation at every level of the law, from the Michigan Circuit Courts and the Michigan Court of Appeals, to the Michigan Supreme Court and the United States Supreme Court. For some, post-conviction relief is the last opportunity they have to set the record straight and defend their rights. This emphasizes the importance of working with a trusted and experienced team of attorneys.
In Michigan, the writs of habeas corpus may be filed at both the state and federal court level. If such a motion is successful, your freedom, your rights, and your reputation may all be restored. This is why it’s critical to pursue post-conviction relief and habeas corpus with everything you’ve got. At Brownstone Law, we place the full strength of our Texas Post-Conviction Lawyers team behind your case.
Learn about Michigan post-conviction relief and habeas corpus attorneys from Brownstone Law serving Lansing, Detroit, Grand Rapids, Sterling Heights, Warren, Flint, Romulus, Livonia, Dearborn, and Clinton, Michigan.
We represent clients with civil and criminal appeals throughout Michigan. Appellate law is highly complex and requires experienced and focused legal counsel. Our proficient criminal habeas corpus attorneys and law clerks stay abreast of the continually changing appellate law, allowing them to provide cutting-edge defense strategies for individuals and businesses seeking new trials, vacating prior convictions, reducing sentences, overturning a judgment, filing a motion of post-conviction, writs of habeas corpus and reprieves, commutations and pardons. Our Michigan habeas lawyers also handle post-conviction writs and petitions in Wayne County, Oakland County, Macomb County, Kent County, Genesee County, Washtenaw County, Ingham County, Saginaw County, St. Clair County, Berrien County, and Allegan County Michigan.
Both the United States Constitution and the Michigan Constitution provide the right to effective assistance of counsel. US Const, Am VI; Const 1963, art 1, § 20. To establish a claim for ineffective assistance of counsel, a defendant must show that trial counsel’s performance fell below an objective standard of reasonableness and that, but for counsel’s deficient performance, there is a reasonable probability that the result of the trial would have been different people v Payne, 285 Mich. App. 181, 188-189 (2009); People v Matuszak, 263 Mich. App. 42, 57-58 (2004). “A reasonable probability is a probability sufficient to undermine confidence in the outcome.” People v Carbin, 463 Mich. 590, 600 (2001) (quotation omitted). Read more about rule 6500 motion for post-conviction relief and find a form 6500 habeas writ: Form Michigan Post Conviction Motion Rule 6500
Post conviction relief is a legal process that allows individuals convicted of crimes to challenge their conviction or sentence after trial and direct appeal. It is different from a direct appeal because it focuses on constitutional violations, newly discovered evidence, ineffective assistance of counsel, or sentencing errors that were not addressed during trial or appeal.
A Rule 6.500 motion, also known as a Motion for Relief from Judgment, is the primary way for individuals to seek post conviction relief in Michigan. It allows a defendant to raise claims that were not previously addressed on direct appeal, such as ineffective assistance of counsel, new evidence, or constitutional violations.
Any defendant who has been convicted of a crime in Michigan and has exhausted their direct appeals can file a Rule 6.500 motion if they believe their conviction or sentence was unconstitutional or unlawful.
There is no strict deadline for filing a Rule 6.500 motion, but Michigan law limits the number of post conviction motions that can be filed. A defendant can only file one Rule 6.500 motion unless they meet exceptions (such as newly discovered evidence). It is best to file as soon as possible after discovering a valid legal basis for the motion.
A Rule 6.500 motion can be filed for the following reasons:
The motion must include affidavits, documents, or other supporting materials that provide factual evidence of the claims. If a petitioner does not present sufficient evidence, the court may dismiss the motion without a hearing. Contact Brownstone Law to help with your post conviction.
The process includes the following steps:
No, a defendant is generally allowed to file only one Rule 6.500 motion. However, a second motion may be allowed if:
If the trial court denies the motion, the petitioner can:
A Motion for New Trial is used to request a new trial based on newly discovered evidence, ineffective assistance of counsel, or other trial errors. This motion must be filed within 56 days (8 weeks) of sentencing unless there is newly discovered evidence.
This motion can be filed to correct a sentencing error, such as:
It must be filed within 6 months of sentencing unless an appeal is pending.
Yes. A Motion to Withdraw Plea (MCR 6.310) can be filed before sentencing. After sentencing, withdrawal is only allowed if there was a legal defect in the plea process, such as ineffective assistance of counsel or an involuntary plea.
While a defendant can file post conviction motions without a lawyer, having legal representation significantly increases the chances of success. Post conviction relief is complex, and mistakes in filing can lead to dismissal.
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