Columbus, OH asked in Criminal Law and Constitutional Law for Michigan

Q: Who is responsible for providing an appeal attorney if one cannot be provided to you. Who or what entity is responsible

I had one provided then they left then another was provided and they told the judge there was a break down in communication and left. I then wrote the judge and he said I would be provided one and then I had no response from anyone. I the. Tried to see who my lawyer was when I left prison and they said my case is closed. Who is at fault for denying me my right to appeal. I had the attorney grievance commission determined that my lawyer was at fault for malpractice during my guilty plea. I have proof I'm innocent and denied elements to my crime during my guilty plea. Who would I contact about wrongful incarceration and the issue that I was never allowed to appeal even though I turned in the paperwork on time and did everything right.

1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Criminal Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: With a guilty plea, you don't have a true right to appeal. There are certain issues you can ask for what's called "leave" to appeal. The Attorney Grievance Commission does not determine malpractice; they determine attorney ethical issues.

At this juncture, after completion of your sentence, you may need to seek a criminal appellant attorney on your own, and look into filing what's commonly called a 6500 motion.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.