Michigan’s criminal justice system is composed of human beings. As such, the process can often be subject to mistakes, biases, and even ill will. The unfortunate result is that 176 exonerated Michiganders lost 1,836 years of their lives due to wrongful convictions since 1989. However, it is essential to remember that legal pathways exist to overturn a wrongful conviction. For example, in Oakland County, Michigan, the primary body tasked with undoing wrongful convictions is the Conviction Integrity Unit.
What Is the Conviction Integrity Unit?
The Conviction Integrity Unit (CIU) is a division of the Oakland County Prosecutor’s Office that aims to ensure fairness and accountability in the criminal justice system and to remedy past injustices. Its mission is to identify wrongful convictions and recommend appropriate remedies to the Oakland County Prosecutor. The CIU provides a process for individuals who believe they have been wrongfully convicted to petition for a review of their case. The unit’s work is grounded in the Michigan Rules of Professional Conduct, which state that prosecutors have a responsibility to seek remedies when they know of clear and convincing evidence establishing a defendant’s innocence.
How Does the CIU Review Process Work?
To initiate a review, individuals must submit a written application to the CIU. The unit will determine whether the claim is eligible for consideration based on specific criteria. If the claim is deemed eligible, the CIU will notify the applicant and begin investigating the factual merits of the case. The investigation may involve interviewing relevant parties, including prior attorneys and the applicant. Upon completing the investigation, the CIU will present a report with its recommendation to the Oakland County Prosecutor.
The applicant will be promptly notified of the recommendation, and the prosecutor will make the final decision on whether a remedy should be provided. If the prosecutor decides a remedy is warranted, only the court has the authority to overturn a conviction.
What Are the Eligibility Requirements?
For the Conviction Integrity Unit to accept a request for review, it must meet the following requirements:
- The applicant must be alive.
- The relevant crime must have been prosecuted by and sentenced in Oakland County.
- The judgment and all appeals must be complete.
- The applicant must claim actual innocence, meaning they played no role in the crime.
- There is credible new evidence that no court has addressed.
Contact a Novi Wrongful Conviction Lawyer Today
Being wrongfully convicted of a crime is one of the most devastating experiences an individual can undergo. Even after a conviction is overturned, it is impossible to get those years back. However, filing a civil lawsuit can give you resources to rebuild your life. It can also hold the state and law enforcement accountable for their wrongdoing. The seasoned attorneys at Mueller Law Firm in Novi want to give you the support and advocacy you deserve at this challenging time. Call us today or contact us online for a free consultation to learn more about how we can help you.
