Our law firm serves clients in Grand Rapids, Kalamazoo and throughout southwest Michigan.

The importance of the trial record for a Michigan criminal appeal

An individual who is convicted of a crime in Michigan has the right to appeal that conviction. Knowing how cases are heard on appeal is critical because the steps an accused individual takes during an initial case can shape the way his or case is resolved on appeal.

Why is that? First of all, a case that is appealed is reassessed based on the lower court’s record and not on new evidence. Therefore, if an accused individual fails to offer evidence during his or her trial, that evidence cannot be considered on appeal. (If the defendant offers evidence but the judge refuses to admit it, however, that refusal can be the subject of an appeal.) The same holds true for any objections that could have been made at the trial. If a defendant fails to make timely objections during trial, then they generally cannot be used to try to sway an appellate court to change the judgement.

It may be easier to think of how the appellate courts work. In essence, these courts analyze the lower court’s transcript of what was said during the trial and what evidence was admitted to see if the lower court made any legal errors when reaching its decision. If the appellate court does find errors, then the conviction may be overturned and sent back to the lower court for further hearings. If no errors are found, then the lower court’s judgement will stand.

Armed with this knowledge, accused individuals in Michigan need to do everything they can to create favorable record at trial, with the expectation that their case will go up on appeal if they are convicted. Those who only put forth a half-hearted effort could put themselves at risk of not only conviction and the penalties that may accompany it, but also an unfavorable outcome on appeal.

 

Source: FindLaw, “Criminal Appeals Overview,” accessed on Jan. 13, 2017

David G. Moore is a highly experienced criminal defense attorney in Michigan. With a Juris Doctor from Thomas M. Cooley Law School and experience as a former assistant prosecutor, he brings unique insights to his practice. David’s career spans the entire spectrum of criminal defense, from minor infractions to complex felonies.

He has successfully handled cases in state and federal courts, including pre-indictment investigations, jury trials, and appeals. Licensed in Michigan and Arizona, David’s approach combines mitigation efforts with intense litigation preparation. His diverse legal experience has established him as a trusted and authoritative voice in Michigan’s legal community.

Recent Posts

Archives

Archives

Categories

Categories

RSS Feed

Table of Contents

Table of Contents