Yes. A guilty plea does not necessarily eliminate your ability to appeal a Michigan criminal conviction or sentence.
But appealing after a guilty or no-contest plea is different from appealing a conviction after trial.
In a Michigan felony case, a defendant convicted after a guilty or no-contest plea generally does not have an automatic appeal as of right. Instead, appellate review is ordinarily sought through an application for leave to appeal.
That does not mean there is nothing to appeal.
Depending on what happened before the plea, during the plea hearing, or at sentencing, potential appellate issues may include:
- an involuntary or unknowing plea;
- ineffective assistance of counsel during plea negotiations;
- incorrect legal advice that affected the decision to plead;
- failure to follow the plea agreement;
- an inadequate factual basis for the plea;
- an illegal or disproportionate sentence;
- sentencing-guidelines errors;
- inaccurate information used at sentencing;
- a preserved issue under a conditional plea; or
- certain jurisdictional or constitutional issues that survive the plea.
The critical questions are what happened, what was preserved, when sentencing occurred, and what the plea and sentencing transcripts actually show.
If you are asking, “Can you appeal a guilty plea in Michigan?”, the answer is therefore yes—but the grounds and procedure need to be carefully evaluated.
A Michigan Guilty Plea Changes the Type of Appeal
Michigan law treats a conviction resulting from a plea differently from a conviction following trial.
Article 1, § 20 of the Michigan Constitution provides that an appeal by a defendant who pleads guilty or no contest is by leave of the court. MCL 770.3(1)(d) likewise provides that appeals from final judgments based on guilty or nolo contendere pleas are by application for leave to appeal.
For a felony conviction entered in circuit court, that generally means asking the Michigan Court of Appeals to grant permission to review the conviction, sentence, or other appropriate issue.
This is different from an appeal as of right.
In an appeal as of right, the defendant invokes the Court of Appeals’ jurisdiction by properly and timely filing the appeal. In a plea-based case, the defendant generally must instead persuade the Court to grant appellate review.
For a more detailed explanation of that procedure, read our guide to a Michigan application for leave to appeal.
A guilty plea therefore does not necessarily mean:
“I gave up every possible appeal.”
It means the attorney must first determine which issues survived the plea and how those issues must be presented.
What Can You Appeal After a Guilty Plea in Michigan?
This is where plea appeals become complicated.
A guilty plea gives up important constitutional rights and ordinarily waives many claims relating to factual guilt and errors occurring before the plea.
But it does not eliminate every possible appellate claim.
Several categories of issues may remain.
1. The Guilty Plea Was Not Understanding or Voluntary
A valid Michigan guilty plea must be understanding, voluntary, and accurate.
MCR 6.302 requires the trial court to personally address the defendant and make the inquiries and provide the advice required by the rule before accepting the plea.
The Michigan Supreme Court explained in People v Cole, 491 Mich 325 (2012), that because pleading guilty involves the waiver of important constitutional rights, due process requires the plea to be knowing and voluntary.
A potential issue may exist when, for example:
- the defendant did not understand the charge;
- the defendant misunderstood the maximum punishment;
- an important term of the plea agreement was misstated;
- undisclosed promises induced the plea;
- threats or improper pressure affected the decision;
- the defendant did not understand an important consequence that legally had to be disclosed;
- the plea hearing did not satisfy required court-rule protections; or
- other circumstances show that the decision to plead was not genuinely informed and voluntary.
The fact that a defendant later regrets pleading guilty is not enough.
The appellate question is whether there was a legally significant defect affecting the validity of the plea.
2. The Defendant Was Given Incorrect Information About the Possible Sentence
A defendant should understand the sentencing exposure before entering a plea.
For example, in People v Brown, 492 Mich 684 (2012), the Michigan Supreme Court addressed a defendant who had not been correctly advised of the maximum possible sentence applicable because of an habitual-offender enhancement.
The Court held that the applicable enhanced maximum was part of the maximum possible prison sentence the defendant needed to be told before pleading guilty.
That illustrates an important point:
What the defendant was told before the plea can matter.
An appellate attorney reviewing a guilty-plea case should therefore compare:
- the actual criminal charges;
- any habitual-offender notice;
- the plea agreement;
- what defense counsel advised;
- what the prosecutor stated;
- what the judge stated on the record; and
- the sentence ultimately imposed.
The plea transcript is often indispensable to that analysis.
3. Ineffective Assistance of Counsel Can Affect a Guilty Plea
A defendant does not automatically lose an ineffective-assistance claim simply because the defendant pleaded guilty.
The Sixth Amendment right to effective assistance of counsel applies during plea negotiations.
In People v Horton, 500 Mich 1034 (2017), the Michigan Supreme Court recognized that a defendant who pleaded guilty may still challenge the voluntary and intelligent character of the plea based on ineffective assistance during the plea process, relying on Hill v Lockhart, 474 US 52 (1985).
A potential claim may arise when counsel materially failed to:
- investigate before advising a plea;
- correctly explain the charges;
- correctly explain the sentencing exposure;
- communicate a plea offer;
- explain an important defense;
- advise the defendant regarding legally significant plea consequences;
- explain the actual terms of the plea bargain;
- object when the plea agreement was misstated;
- recognize a significant legal problem affecting the plea; or
- otherwise provide constitutionally adequate advice necessary for an informed decision.
But poor representation by itself is not enough.
A defendant ordinarily must also establish prejudice.
In the plea context, that can require demonstrating that counsel’s deficient performance affected the decision whether to plead guilty.
This is why ineffective-assistance claims require much more than saying:
“My attorney was bad.”
Appellate counsel must determine exactly what counsel did or failed to do, whether that performance violated constitutional standards, and whether the error actually affected the plea.
For a broader discussion of the Strickland standard, prejudice, investigation, remand, and Ginther hearings, see Ineffective Assistance of Counsel in Michigan.
4. The Plea Agreement Was Not Followed
A plea is often the result of negotiations.
The prosecution may agree to:
- dismiss charges;
- reduce charges;
- dismiss an habitual-offender enhancement;
- recommend a particular sentence;
- agree to a specific sentence or sentencing range; or
- make another concession in exchange for the defendant’s plea.
The precise language matters.
Under MCR 6.302, the plea agreement must be disclosed and made part of the record.
If the plea rests on a sentencing agreement for a specified term or range and the court ultimately determines that it cannot follow that agreement, Michigan’s rules provide protections concerning withdrawal of the plea.
There is an important distinction, however, between a binding sentencing term or range and merely a prosecutorial sentencing recommendation.
A prosecutor recommending a sentence does not necessarily mean the judge is required to impose it.
The plea transcript must be examined to determine exactly what was promised.
This is another reason relying solely on someone’s memory of the plea agreement can be dangerous.
The appellate attorney should examine what was actually stated on the record.
5. There Was Not an Adequate Factual Basis for the Guilty Plea
Under MCR 6.302(D), when a defendant pleads guilty, the court must establish support for a finding that the defendant committed the offense.
That generally requires facts supporting the necessary elements of the crime.
Suppose a defendant pleads guilty to an offense requiring a particular intent, but the defendant’s answers during the plea hearing never establish facts supporting that intent.
That could require closer appellate examination.
However, an inadequate factual basis does not necessarily mean the appellate court simply throws out the conviction immediately. Michigan law contains procedures that may permit defects in a plea proceeding to be addressed or corrected.
The legal significance depends upon the exact deficiency and the record.
6. Sentencing Errors Can Still Be Appealed After a Guilty Plea
This is an especially important point.
A person may have knowingly and voluntarily pleaded guilty but still have a legitimate challenge to the sentence.
Possible sentencing issues include:
- incorrect scoring of an Offense Variable;
- incorrect scoring of a Prior Record Variable;
- reliance on inaccurate information;
- use of an improper sentencing consideration;
- an unlawful sentence;
- an unreasonable or disproportionate sentence;
- an improperly calculated guidelines range;
- failure to follow an enforceable sentencing agreement; or
- another sentencing error preserved under Michigan law.
The defendant does not necessarily have to attack the plea itself.
For example, the appellate position may essentially be:
“I am not asking to undo my guilty plea. I am challenging the sentence that was imposed afterward.”
That is an important distinction.
We discuss these issues in greater detail in our guide to a Michigan criminal sentence appeal.
Does a Guilty Plea Waive Some Appellate Issues?
Yes.
This is one of the biggest misunderstandings surrounding guilty-plea appeals.
Under People v New, 427 Mich 482 (1986), an unconditional guilty or no-contest plea generally waives nonjurisdictional defects and claims related to the prosecution’s ability to establish factual guilt.
In plain English, after an unconditional guilty plea a defendant generally cannot simply appeal by arguing:
“The prosecutor did not have enough evidence to convict me.”
The defendant admitted guilt through the plea.
Likewise, many issues concerning events that occurred before an unconditional plea may be waived.
For example, certain challenges involving:
- evidentiary suppression;
- preliminary-examination issues;
- the prosecution’s ability to prove factual guilt; or
- other nonjurisdictional pre-plea errors
may not remain available after an unconditional guilty plea.
That is very different from challenging whether the plea itself was valid.
It is also different from a conditional plea.
What Is a Conditional Guilty Plea?
Michigan permits a conditional guilty or no-contest plea under MCR 6.301(C).
With the consent of the court and prosecutor, a defendant can enter a plea while specifically preserving the right to appeal an identified pretrial ruling.
The issue being preserved must be specified on the record or in a writing made part of the record.
For example, a properly structured conditional plea might preserve appellate review of a particular pretrial ruling.
If the defendant succeeds on the preserved appellate issue, the conditional plea may permit withdrawal of the plea.
This is very different from entering an ordinary unconditional plea and later attempting to resurrect a pretrial issue that the plea waived.
Do You Have to Ask the Trial Judge to Withdraw the Plea Before Appealing?
For challenges to the validity of the plea, this is extremely important.
MCR 6.310(D) provides that a defendant convicted on a plea generally may not raise on appeal a claim that the plea proceeding violated the applicable plea rules, or that the plea was not understanding, voluntary, or accurate, unless the defendant first moved in the trial court to withdraw the plea and raised that issue as a basis for withdrawal.
In practical terms:
You generally should not assume you can wait until the Court of Appeals to raise a defective-plea argument for the first time.
The issue may need to be presented to the trial court through a motion to withdraw the plea.
This is called preservation.
Preservation can make the difference between an appellate court reviewing an issue under the most favorable standard and an appellate claim being limited, forfeited, or unavailable.
A qualified appellate attorney should therefore look beyond the question:
“What argument can we put in the appeal?”
The attorney should also ask:
“What has to happen in the trial court before we file the appeal?”
How Long Do You Have to Appeal a Guilty Plea in Michigan?
Deadlines are critical.
For a criminal final judgment or final order appealable to the Michigan Court of Appeals by application for leave, current MCR 7.205(A)(2) generally requires the defendant’s application to be filed within the later of:
- six months after entry of the judgment or order; or
- 42 days after certain events specifically identified in the rule.
Those specified events can include, under qualifying circumstances:
- appointment or denial of appellate counsel;
- filing of transcripts ordered in connection with a timely request for appellate counsel;
- filing of transcripts timely requested under MCR 6.433;
- an order resolving certain timely postjudgment motions; or
- an order deciding timely reconsideration of certain qualifying motions.
Do not assume that simply counting six months from sentencing gives the correct deadline in every case.
The attorney should review:
- the date of the Judgment of Sentence;
- the register of actions;
- when appellate counsel was requested;
- when counsel was appointed;
- when transcripts were requested;
- when transcripts were filed;
- whether a motion to withdraw the plea was filed;
- whether another qualifying postjudgment motion was filed; and
- whether an appeal was already attempted.
For a fuller discussion, see our guide to Michigan appeal deadlines.
Important: This discussion primarily concerns felony plea convictions entered in Michigan circuit court and review in the Michigan Court of Appeals. Misdemeanor appeals from district court proceed to the circuit court and are governed by different appellate provisions. The exact court and procedural history matter.
How Long Do You Have to Move to Withdraw a Guilty Plea After Sentencing?
MCR 6.310(C) governs a motion to withdraw a plea after sentencing.
The current rule ties the time for filing that motion to specified portions of the deadline for filing an application for leave to appeal under MCR 7.205(A)(2).
After that direct-review period has passed, MCR 6.310(C)(2) provides that the defendant may seek relief only under Michigan’s post-conviction rules in Subchapter 6.500.
This creates an important procedural dividing line.
A case may begin as a possible:
motion to withdraw plea + application for leave to appeal
but, after the applicable period has expired, the available procedure may instead involve an:
MCR 6.500 motion for relief from judgment.
Those are not interchangeable remedies.
Read more about a Michigan Motion for Relief from Judgment under MCR 6.500.
What Happens If the Deadline for a Guilty-Plea Appeal Has Passed?
Do not automatically assume that the conviction can never be challenged.
But do not assume that a 6.500 motion simply gives you another appeal either.
MCR 6.500 and the related post-conviction rules contain significant restrictions.
The defendant’s prior appellate history becomes extremely important.
Appellate counsel needs to know:
- Was an appeal previously filed?
- Was leave denied?
- Was appellate counsel previously appointed?
- What issues were raised?
- Was a motion to withdraw the plea previously filed?
- Was a Michigan Supreme Court application filed?
- Has an MCR 6.500 motion already been filed?
- What issues could have been raised previously?
This is why our office asks potential appellate clients whether this is the first time they are attempting to appeal the case.
The answer can fundamentally change the available procedure.
What Happens If You Successfully Withdraw a Guilty Plea?
This issue deserves serious consideration before asking a court to undo a plea.
Vacating the plea does not necessarily mean:
“The criminal case disappears.”
Under MCR 6.312, if a plea is withdrawn or vacated, the case may proceed on charges that had been brought or that could have been brought if the plea had not occurred.
For example, suppose a defendant originally faced three serious charges. The prosecutor dismissed two charges in exchange for a plea to one reduced offense.
If the plea is later withdrawn, the defendant may face the original prosecution again.
A defendant should therefore understand both the potential benefit and potential consequences of successfully undoing a plea.
Appellate strategy is not simply about identifying an error.
It is also about understanding the remedy.
Example: Lawyer Gives Incorrect Advice Before the Guilty Plea
Assume a defendant is charged with a felony and is offered a plea agreement.
The lawyer tells the defendant that the maximum sentence is five years.
The defendant relies on that advice and pleads guilty.
Afterward, it becomes apparent that the actual sentencing exposure was substantially greater.
An appellate attorney would not simply ask whether counsel made a mistake.
The attorney would examine:
- what offense was charged;
- the applicable statutory maximum;
- any habitual enhancement;
- what counsel said;
- what the plea agreement stated;
- what the judge said during the plea hearing;
- whether the defendant was otherwise correctly informed;
- whether the plea was understanding and voluntary; and
- whether the incorrect advice actually affected the decision to plead.
Those facts determine whether there is a legally viable claim.
Example: The Judge Imposes a Questionable Sentence After a Valid Plea
Consider another defendant.
The plea itself was properly entered. The defendant understood the charges, understood the agreement, and knowingly pleaded guilty.
At sentencing, however, the court incorrectly scores an Offense Variable and calculates a higher sentencing-guidelines range.
The defendant may not need to attack the guilty plea at all.
The stronger appellate issue may involve the sentence.
That is why a good appellate review does not begin with a predetermined theory.
The attorney should examine the entire record and determine where the strongest legal error actually occurred.
Example: Defendant Wants to Challenge the Evidence After Pleading Guilty
Suppose a defendant enters an unconditional guilty plea and later argues:
“The police did not have enough evidence to prove the case.”
That presents a very different problem.
Under Michigan law, an unconditional guilty plea generally waives claims concerning the prosecution’s ability to prove factual guilt.
That means an insufficiency-of-the-evidence argument that might have been available after trial is ordinarily not transformed into an appellate issue merely because the defendant later regrets pleading guilty.
The appellate attorney instead needs to determine whether there was some legally recognized problem with:
- the validity of the plea;
- counsel’s advice;
- the court’s authority;
- sentencing;
- a preserved conditional issue; or
- another claim that survives the plea.
Why Are the Plea and Sentencing Transcripts So Important?
When someone contacts our office about appealing a guilty plea, two of the most important documents are often:
the plea transcript and the sentencing transcript.
The plea transcript may reveal:
- exactly what charges were dismissed;
- exactly what the plea bargain required;
- what sentencing terms were discussed;
- what the judge promised or did not promise;
- what maximum sentence was explained;
- what constitutional rights were waived;
- what factual basis was established;
- whether the defendant expressed hesitation or confusion;
- whether undisclosed promises were mentioned;
- whether counsel correctly described the agreement; and
- whether the court complied with Michigan’s plea procedures.
The sentencing transcript answers different questions.
It may show:
- how the guidelines were calculated;
- what defense counsel argued;
- what the prosecutor argued;
- whether objections were made;
- whether inaccurate information was used;
- why the judge imposed the particular sentence;
- whether the sentence complied with the plea agreement; and
- whether another sentencing issue exists.
The Judgment of Sentence tells you what happened.
The transcripts often tell the appellate lawyer why it happened and whether something legally significant went wrong.
What Documents Should You Give a Michigan Appellate Attorney?
For an initial review of a guilty-plea appeal, useful documents can include:
- Judgment of Sentence;
- plea transcript;
- sentencing transcript;
- Presentence Investigation Report or PSI;
- sentencing-guidelines scoring;
- register of actions;
- plea agreement or plea forms;
- felony information;
- habitual-offender notice;
- relevant motions and orders;
- appellate-counsel appointment documents;
- previous applications or appellate briefs;
- Michigan Court of Appeals orders;
- Michigan Supreme Court orders; and
- documents from any prior post-conviction proceedings.
Not every client will have every document.
That is normal.
But knowing what exists and what has already occurred helps an appellate attorney determine what needs to be obtained next.
How Does an Appeal After a Guilty Plea Usually Work?
Although each case is different, an appellate review commonly begins by determining the procedural history.
The attorney first identifies:
When was the defendant sentenced?
Then:
Was appellate counsel requested or appointed?
Then:
Were transcripts ordered and filed?
Then:
Was any previous appeal filed?
Then:
Does the issue attack the plea, the sentence, counsel’s representation, or something else?
Then:
Does a motion need to be filed in the trial court before seeking appellate review?
Only after answering those questions should counsel determine the appropriate appellate filing.
For a broader overview, read our Michigan appeal process guide.
Why Issue Selection Matters in a Guilty-Plea Appeal
One of the worst approaches to an appeal is attempting to raise every complaint the defendant has about the criminal case.
A guilty-plea appeal requires disciplined issue selection.
Some issues may have been waived by the plea.
Some may not have been preserved.
Some may require factual development.
Some may belong in the trial court first.
Some may challenge only the sentence.
Some may support plea withdrawal.
And occasionally, the issue the defendant originally believed was strongest is not the strongest issue revealed by the record.
An appellate attorney’s job is not merely to repeat the defendant’s complaints.
It is to analyze the record, identify viable legal errors, understand the applicable standard of review, determine what procedure is required, and develop the strongest available appellate argument.
Frequently Asked Questions About Appealing a Guilty Plea in Michigan
Can you appeal a guilty plea in Michigan?
Yes. A defendant who pleads guilty or no contest may seek appellate review, although a plea-based felony conviction generally proceeds through an application for leave to appeal rather than an appeal as of right.
Can I appeal because I changed my mind about pleading guilty?
Changing your mind alone is generally not sufficient. There usually must be a recognized legal basis for challenging the plea, sentence, counsel’s performance, or another issue that remains available after the plea.
Can I appeal because my lawyer told me to plead guilty?
Not simply because your lawyer recommended the plea. But ineffective assistance may provide a basis for relief if counsel’s constitutionally deficient advice affected whether the plea was knowing and voluntary.
Can I challenge my sentence even if I do not want to withdraw my guilty plea?
Potentially, yes. A defendant can have a valid plea but still have an appealable sentencing issue.
Can I appeal because there was not enough evidence?
An unconditional guilty plea generally waives challenges to the prosecution’s ability to prove factual guilt. The analysis may differ for a properly preserved conditional plea or certain other issues that survive the plea.
What if the judge did not follow the plea agreement?
That depends on the exact agreement. A binding agreement concerning a specified sentence or range is different from a prosecutor’s recommendation. The plea transcript should be reviewed carefully.
Do I have to withdraw my plea before appealing?
If the claim is that the plea itself was not understanding, voluntary, accurate, or compliant with the Michigan plea rules, MCR 6.310(D) generally requires the issue to first be raised through a motion to withdraw the plea in the trial court.
What if more than six months have passed?
The answer depends on the procedural history. MCR 7.205 contains specific timing provisions, and after the applicable plea-withdrawal period has passed, post-conviction relief under MCR 6.500 may need to be considered. Do not assume either that the case is over or that a 6.500 motion automatically provides relief.
What if I already appealed once?
That is critical information. Previous appellate proceedings can substantially affect what relief remains available. An appellate attorney should review the prior applications, briefs, orders, and decisions before recommending another filing. If possible there could be a Michigan Supreme Court Criminal Appeal.
What should I send an appellate attorney?
At minimum, if available, send the Judgment of Sentence, plea transcript, sentencing transcript, PSI, guidelines, and any prior appellate documents.
The Bottom Line: A Guilty Plea Does Not Necessarily End the Case
Can you appeal a guilty plea in Michigan? Yes—but knowing that an appeal is theoretically available is only the beginning.
A plea changes both the procedure and the issues that can be raised.
The important questions include:
Was the plea understanding and voluntary?
Was the defendant properly advised?
Did counsel provide constitutionally effective assistance?
Was the plea agreement followed?
Was there an adequate factual basis?
Was the sentence lawful and proportionate?
Was an issue specifically preserved?
Does the issue need to be raised first through a motion to withdraw the plea?
Is the application-for-leave deadline still open?
Has the defendant already pursued an appeal?
Those questions cannot usually be answered by reading the Judgment of Sentence alone.
They require review of the actual record.
Contact Czarnecki & Taylor PLLC About a Michigan Guilty-Plea Appeal
If you or a family member pleaded guilty or no contest in a Michigan criminal case and now believes that something went legally wrong, do not assume that the plea automatically eliminated every appellate option.
Czarnecki & Taylor PLLC represents defendants in Michigan criminal appeals, applications for leave to appeal, sentencing appeals, plea challenges, and post-conviction proceedings.
Attorney James Czarnecki’s appellate work includes identifying legal issues from complicated criminal records, researching and developing appellate arguments, preparing appellate briefs, seeking appropriate remands when the existing record is inadequate, and litigating cases before Michigan appellate courts.
The first step in evaluating a guilty-plea appeal is determining what happened procedurally and what the record actually shows.
If possible, provide our office with:
- the plea transcript;
- the sentencing transcript;
- the PSI;
- the Judgment of Sentence; and
- any documents from a previous appeal.
We will also want to know whether this is the defendant’s first attempt to appeal the case and whether appellate counsel was previously appointed.
If you believe a guilty plea, conviction, or sentence should be reviewed, contact Czarnecki & Taylor PLLC at (586) 718-2345 to discuss the potential appellate options.
You can contact our office using the button below to send a confidential email.
Appellate deadlines can matter. The sooner the procedural history and record are reviewed, the sooner it can be determined whether a direct appellate remedy, motion to withdraw the plea, sentencing challenge, application for leave to appeal, or other post-conviction procedure may be available.
This article provides general information about Michigan criminal appellate law and is not legal advice. Appellate rights and deadlines depend on the particular facts and procedural history of each case.
