Criminal Appeals
Criminal Appeals and Habeas Corpus Petitions
Peter Ellenson, Criminal Defense Attorney
Oakland County, Michigan ∙ Detroit Metro Area
248-691-9020 ∙ E-Mail
For the last 15 years, I have built a successful practice as a criminal appeals lawyer in Oakland County, the Detroit metro area and across the state. As a solo criminal defense attorney, I have single-handedly managed hundreds of criminal appeals in both state and federal court.
I have obtained reversals in two murder cases, an attempted murder cases and sex crimes cases. Read more about my record of achievements with criminal appeals.
I have obtained significant sentence reductions (time cuts) for my clients in many cases. Read more …
I offer free telephone consultations to all new clients. If you are looking for a criminal appeals attorney, I encourage you to contact me today to schedule a confidential appointment.
Criminal Appeals: Overturning a Conviction or Reducing a Sentence
In a criminal appeal, there are two possible attacks. 1) We can fight to get the conviction overturned (often followed by a new trial). 2) We can fight for a reduced sentence (time cut).
To successfully overturn a conviction and get a new trial, the courts need to see evidence of significant and serious violations of constitutional rights. For example:
- Your right to an attorney
- Your right to fully cross-examine witnesses against you
- Your right to due process
- Your right to a speedy trial without unreasonable delays
- Your right to trial by an impartial jury
- Your rights against unreasonable search and seizure
To get a reduction in sentence requires a careful examination of the state or federal sentencing guidelines. Sentencing is an extremely technical matter, with sentences being set according to dozens of different variables that each require separate analysis. Mistakes can be made, and my job as the criminal appeals attorney is to re-analyze each variable to make sure the sentence matches the guidelines — and to argue for a reduction in sentence if it does not.
Withdrawing a Plea
I have represented hundreds of clients who want to withdraw a plea of guilty or nolo contendere after sentencing. To make a successful argument to withdraw a plea requires intense factual investigation combined with skillful legal argument. A winning argument to withdraw a plea after the sentence has been made requires your lawyer to prove that your plea was inaccurate, involuntary (for example, made under duress), or was made without your intelligent understanding of the consequences.
Example Case: Criminal Sexual Conduct Convictions Overturned
While represented by other counsel, my client pled guilty to multiple counts of criminal sexual conduct (for having sex with under age girls). He was sentenced to a lengthy prison term.
On appeal, I demonstrated that my client — an immigrant without citizenship — had not been informed that his pleas would lead to deportation. The Court of Appeals agreed that the pleas were involuntary. The Court ordered that my client be allowed to withdraw his pleas.
Once back in the trial court, we negotiated a favorable plea agreement and my client was released from custody.
Writ of Habeas Corpus
In the criminal justice system, a writ of habeas corpus is a petition that must be filed when a prisoner has gone through all possible appeals in the state court system and wants to move to the federal court system. Before we can go forward with a federal appeal, we must file a federal petition for a writ of habeas corpus.
Do Not Delay — The Clock Starts Ticking Immediately After Sentencing
There are very tight deadlines for filing any type of criminal appeal. A criminal appeals attorney should get involved as soon as possible after sentencing. Contact my office today for a free initial phone consultation regarding an appeal of a conviction.
