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
Answered
  • 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.

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