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Michigan

State Resource Guide

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The Post-Conviction Process

Click on the underlined links to view more information. 

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Prosecutorial Review

Clemency

Victims have rights throughout this whole process. Click here to learn more.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.
  • These can include motions for an acquittal, to withdraw the plea, to modify the sentence, or for a new trial based on new evidence or legal errors in the proceedings.
  • Victims can receive information about post-trial motions from the Prosecutor’s Office where the crime was prosecuted.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-sentencing motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”
  • On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
  • The Appeals Division of the Prosecuting Attorney’s Office represents the state on direct appeal. To receive updates on the appeals process, victims can complete a Notice of Victim Request For Information and file it with the office of the prosecuting attorney. Victims can search for information about cases online through the Michigan Court system.

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed that are filed after the direct appeal process has ended.
  • These motions can seek many outcomes, including invalidation of the conviction, a reduced sentence, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
  • The Appeals Division of the Prosecuting Attorney’s Office represents the State in state post-conviction proceedings. To receive updates on the state’s post-conviction process, victims can complete a Notice of Victim Request For Information and file it with the office of the prosecuting attorney. Victims can search for information about cases online through the Michigan Court system.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under Michigan law may go to federal court in a process called “habeas corpus.”
  • Relief in federal habeas corpus is available only in specific and rare circumstances. Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.
  • The Michigan Department of Attorney General (AG) represents the State in federal habeas corpus proceedings. To receive updates, victims can contact the AG’s Victim Advocates and the AG’s Criminal Appellate & Parole Appeals Division.

Early Release Programs

These programs include parole, medical parole, and earning “credits” in prison.
  • If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in Michigan, including parole, medical parole, and earning “credits” that reduce the length of their sentences for good behavior or completion of rehabilitative, educational, or other programs in prison.
  • Victims can request notification about the status of the incarcerated person and early release programs from the Michigan Department of Corrections (MDOC) by completing a Crime Victim Notification Request. Victims may also register through MI-VINE for notifications. Victims can contact MDOC’s Crime Victim Services unit for more information.

Prosecutorial Review

Prosecutors can reconsider the conviction to be sure it is just.
  • The state-wide Michigan Attorney General’s Office – as well as localprosecutors’ offices in Wayne County, Macomb County, Oakland County, and Washtenaw County – have established units to reconsider past convictions where the convicted person has a claim of innocence.
  • Victims can review additional information about the prosecutorial review here and by contacting the prosecuting office where the conviction is being reviewed.

Clemency

In rare cases, the governor may grant the convicted person relief from their conviction or sentence.
  • The governor can grant clemency to people convicted under Michigan law. The Parole Board assists the governor with this process. In Michigan, clemency typically takes one of two forms: a pardon (which forgives a conviction) or a commutation (which shortens a person’s sentence).
  • Victims receive notification of clemency hearings and decisions from the Michigan Department of Corrections (MDOC) by completing a Crime Victim Notification Request. Victims may also register through MI-VINE for notifications. Victims can contact MDOC’s Crime Victim Services unit for more information.

Victims Rights
Post-Conviction

In Michigan, victims have the right to:
  • Be treated with fairness and respect for their dignity
  • Timely ending of the case
  • Notification of the appeal and the result of the appeal*
  • An explanation of the appeal process
  • Notification of time and place of appellate court proceedings*
  • Attend court proceedings, appellate proceedings, and post-conviction proceedings
  • Communicate with the prosecution
  • Notification of escape, release, or death of the incarcerated individual*
  • Information about the imprisonment and release of the convicted individual*
  • Notification of parole and clemency proceedings*
  • Be present and be heard at parole and clemency proceedings
  • Prompt return of property when it is no longer needed by law enforcement
  • Request restitution and apply for victim’s compensation

 

* All rights to notification require the victim to provide and update their information with the District Attorney, Attorney General, Department of Corrections, and/or the Board of Paroles and Pardons.

Compensation

  • Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, the Michigan Crime Victim Compensation Fund reimburses victims for expenses related to the crime, such as lost earnings, medical expenses, and funeral expenses.
  • Victims may request assistance with unpaid restitution through the Prosecuting Attorney’s Office where the crime was prosecuted. Victims may apply for Crime Victim Compensation. A claim must be filed within one year of the crime.
Click here to learn more about the post-conviction process and victims’ rights in Michigan

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