How long will it take for an appeal?
The appellate process can be frustrating because it often takes a considerable amount of time to obtain a ruling. During the delay, a defendant may needlessly serve time in jail or be unable to obtain employment.
The Time Frame for a Decision on an Appeal Depends on Several Factors
According to the Michigan Court of Appeals, the time frame for how long it takes to get a decision on an appeal depends on various factors. Certain cases, such as child custody matters (including child abuse and neglect), are prioritized. In some cases, the Court of Appeals may order expedited processing. An expedited basis means the case is fast-tracked, and a decision will be made promptly. Much to many criminal appellants’ dismay, approximately ninety percent of all criminal cases before the Court of Appeals are concluded within 18 months of filing. The length of time to complete a case is influenced by the time required to prepare the lower court record, the filing of the parties’ briefs, the time it takes to prepare transcripts, the volume of cases before the Court, and the Court’s staffing resources. In many cases, a criminal defendant is incarcerated in jail or prison, and the hope is that the Court of Appeals will expedite cases where a person’s liberty is at stake.
Please note that if you are wondering, “How long will it take to get a decision on my criminal appeal?” you are not alone. Many people are frustrated and anxious, wanting results sooner rather than later. That is normal!
Considering an Appeal of a Criminal Conviction or Sentence?
Appeals are frequent in many criminal cases, including murder trials, white-collar crimes, domestic violence, DUI, OWI, drunk driving, criminal sexual conduct, assault, drug offenses, and other felonies or misdemeanor crimes. A Michigan appellate lawyer can appeal a conviction, sentence, or an inappropriate decision at a motion hearing by filing an appeal or by taking other actions, including:
- Motion to Change or Withdraw a Plea
- Motion for Directed Verdict
- Motion for Ginther Hearing
- Motion for a New Trial
- Sentence Appeals, Reversals, and Modifications
- Post-Conviction Motion
- Motion for Relief from Judgment
- Motion to Set Aside a Conviction
- Writs of Certiorari
- Writs of Mandamus
- Writs of Habeas Corpus
- Appeal to the Michigan Court of Appeals
- Appeal to the Michigan Supreme Court
An experienced criminal appellate lawyer can advise you how long it might take to get a decision on your appeal from the Michigan Court of Appeals.
How long for a decision on my appeal? Getting results! Top Appellate Defense Attorneys Can Help
Every defendant charged with a crime has the odds stacked against them because the legal system is designed to get convictions, not justice. Prosecutors, as opposed to defense lawyers, are given special deference by judges and court staff. Juries can see that sheriff’s deputies guard a defendant in the courtroom. Judges often rule in favor of the prosecution without thoroughly considering many legal and factual issues. And if there is an error at trial, in the plea-bargaining process, or at sentencing? The Court of Appeals or Michigan Supreme Court will likely rule that the error was “harmless” and maintain the conviction. The system is ultimately a conviction machine, seeking to collect as much money as possible and ensure employment security for court employees, prosecutors, and judges.
After a conviction, appellate judges step in to ensure the conviction is upheld. Unless there is a monumental legal error that obviously caused legal prejudice to the defendant, judges affirm convictions without a second thought. If you consider an appeal, you are undoubtedly asking, “How long for a decision on my appeal?” Do not do anything without first consulting with a savvy and seasoned appellate law firm.
FAQ Regarding Criminal Appeals
How long does the Michigan Court of Appeals usually take to issue a decision in a criminal appeal?
Most criminal appeals in Michigan take approximately 12 to 18 months from the time the appeal is filed to the date the court issues a written opinion. The timing depends on how quickly the transcripts are completed, how long the briefing schedule takes, and the overall backlog at the Court of Appeals.
What factors slow down or speed up a criminal appeal in Michigan?
The timeline is shaped by several factors. These factors include the complexity of the case, the time required for transcript preparation, whether the parties request extensions, the size of the court record, and the current caseload of the judges assigned to the matter. Appeals with lengthy trials or multiple issues often take longer because the judges need more time for review.
Can a Michigan criminal appeal be expedited, and how long does an expedited appeal take?
A criminal appeal can be expedited if the court grants an appropriate motion. Expedited appeals move more quickly through the system because the court prioritizes them. Even with priority handling, the process often takes several months due to the preparation of transcripts, briefing, and internal court review.
How long does it take to get transcripts and complete a briefing in a Michigan criminal appeal?
Transcript preparation usually takes a few months. Once the transcripts are filed, the appellant’s brief is due within a set timeframe, followed by the appellee’s brief and any reply. This stage alone can extend the timeline by several additional months, especially if the parties request extensions.
Why do some Michigan criminal appeals take longer than 18 months?
How long for a decision on my appeal? Appeals often exceed the average timeframe when transcripts are delayed, multiple extensions are granted, or the record is large and complex. Cases involving significant legal issues or constitutional questions also tend to require more time for judicial review, which extends the process.
What should someone expect after the briefs are submitted in a Michigan criminal appeal?
After the briefing is complete, the case moves to the court’s internal review process. The judges decide whether oral argument is necessary. They then research the legal issues, review the record, and draft an opinion. This final phase often takes several months, even in straightforward cases.
How long for a decision on my appeal with the Michigan Court of Appeals?”
How do you win an appeal? How long will it take? A top criminal appellate lawyer never takes a case lightly or assumes that a trial-level error will be recognized. To prevail on appeal, the appellate lawyer must be highly credible, thoroughly researched, persuasive, and able to tell the defendant’s story to convince a panel of judges that there is no alternative but to grant the defendant appellate relief. Appellate relief can include overturning a conviction, ordering the suppression of evidence, or vacating an excessive sentence, among other outcomes. Our team can help you! Call us today for a free consultation.
If you or a loved one needs a criminal appellate lawyer, please do not hesitate to call the experienced appellate attorneys with LEWIS & DICKSTEIN, P.L.L.C. for a free consultation.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
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