Appellate Division

The Appellate Division of the Oakland County Prosecutor's Office is responsible for all of the events in a criminal case after there has been a conviction and sentence.

The Division handles motions filed by defendants in the trial court including motions for a new trial.

However, most of the work of the Appellate Division involves answering appeals in the Michigan Court of Appeals or the Michigan Supreme Court brought by a defendant challenging his or her conviction and/or sentence.

Generally, defendants ask for a new a new trial or in some instances, that their conviction be reversed and the charges dismissed.

The Appellate Division must file a written response for the Court of Appeals, in reply to the defendant's brief, explaining why the defendant(s) received a fair trial and why the conviction and sentence should be upheld.

The Appellate Division also files appeals on their own in those cases in which the Prosecutor's Office believes the trial court has made an err in dismissing a case, or in a ruling which may otherwise impact the ability to obtain a conviction.

An example in which the Appellate Division would file an appeal might includes a ruling in which a trial court might suppress evidence against the accused.

The Prosecutor may also appeal a sentence in those cases in which it is believed that the sentence imposed is illegal or inadequate under the law.

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