According to the National Registry of Exonerations, more than 3,500 people have been exonerated of crimes for which they were wrongfully convicted since 1989. Those wrongful convictions accounted for more than 31,900 years lost behind bars.
If you were wrongfully convicted of a crime in Michigan, there are a few steps you can take in your fight for freedom and compensation for the time you spent behind bars.
Direct Appeals Post Conviction
After conviction, you have the right to appeal the conviction. To do this, you’ll need to file your appeal in the Michigan Court of Appeals and argue that legal errors impacted the outcome of your trial.
The appeals process includes multiple deadlines that you must meet for filing briefs and other paperwork. Toward the end of the process, there may be an oral argument phase. Because of these factors, we recommend retaining an attorney with ample experience handling criminal appeals.
But what happens if the judge disagrees that a legal error impacted your trial and your appeals fail? Is that the end of the line? No. You can file for an investigation into your case by the Conviction Integrity Unit (CIU).
The Conviction Integrity Unit
The role of the CIU is to investigate new evidence that could exonerate those convicted. However, before filing a claim with the CIU, you must meet the following criteria:
- You must have been convicted and sentenced for a felony in Michigan, and your appeals must be complete.
- You must claim that you are entirely innocent of the crime you were convicted of, not simply that your role in the crime was lesser than that for which you were convicted.
- You must have new evidence supporting your claim of innocence that has not previously been brought up in court.
- Your new evidence also cannot have been brought up during your appeals.
- It must be possible for the CIU to investigate and resolve your claim, proving that you are innocent.
So, what does this all mean? It means you need brand new evidence that, if investigated, will prove you had nothing to do with the crime. An example of this might be if your DNA wasn’t at the crime scene, but new DNA evidence comes to light that shows someone else was.
Seeking Compensation for a Wrongful Conviction
If you successfully get your conviction overturned, you may be eligible to recover compensation for the ordeal the state put you through. There are a few ways to do this.
The first is through the Wrongful Imprisonment Compensation Act. This legislation allows you to receive up to $50,000 per year you were wrongfully imprisoned.
Alternatively, you could file a civil lawsuit against those responsible for your wrongful imprisonment. Those responsible could include witnesses who provided false testimony or the police officers who failed to investigate the crime properly.
Michigan Wrongful Conviction Attorney
Have you been wrongfully convicted of a crime in Michigan? Contact the Mueller Law Firm so we can begin fighting for your rights as soon as possible. Our team will assist you with your appeals and claim with the CIU and help you seek the compensation you deserve for your wrongful conviction.
