Download Application for Criminal Conviction Review by Wayne County's Conviction Integrity Unit and more Study notes Criminal procedure in PDF only on Docsity! APPLICATION FORM TO REQUEST REVIEW OF A CRIMINAL CONVICTION BY THE CONVICTION INTEGRITY UNIT INSTRUCTIONS CIU will accept any writing that provides the necessary information, but claimants are encouraged to use the CIU form, or to provide the data requested by the CIU form on a written document. Please read the “Eligibility” and “Advice of Rights” sections below before you submit this form. You should only complete and submit the form after you have confirmed that you are eligible for review, and only if you are sure you wish to request a review by the CIU. Please try to provide all the information requested by this form. Please type your answers or print them legibly in ink. If the space provided is not enough, please place your answers on a separate page and attach it to this form. ELIGIBILITY Before you prepare this form, be sure that you are eligible for review by CIU. The Conviction Integrity Unit only accepts requests for review that meet all the following standards: This form must be prepared on behalf of, or authorized by, a living person. CIU does not review convictions obtained against a person who is now deceased. The conviction(s) must have been prosecuted by the Wayne County Prosecutor’s Office and obtained in a Court in Wayne County, Michigan. CIU does not review convictions obtained in any other State, in any federal proceeding, or in any Michigan county other than Wayne County. The CIU will only review a criminal conviction where the defendant claims that he or she is innocent of the offense of conviction. “Actual innocence” means that the defendant has no criminal responsibility at all for the offense. A defendant may seek review from the CIU only after sentencing. A claim of “actual innocence” must be supported by new evidence that was not presented in court during the trial/plea or appeal. This new evidence must provide a substantial basis to believe that the defendant is innocent, which generally means that the evidence exonerates the defendant from any criminal responsibility for the offense. ADVICE OF RIGHTS This form can be completed by a convicted defendant, by an attorney representing a convicted defendant, or by any person authorized by a convicted defendant to act on his or her behalf. Regardless of who prepares the form, fully completing the form requires the convicted defendant to provide information about a criminal case. Further, if CIU engages in a review of the conviction it is likely CIU may request additional information from the convicted defendant. It also is possible that CIU will request information from others identified as having relevant information, including attorneys. This form does not convey legal advice. Any person who completes and submits this form should recognize that he or she has the right not to provide information to an agency of government about a criminal matter. By submitting this form, you agree that any information you provide in this form is given voluntarily and that no promise has been conveyed to you - you are providing information of your own free will. CIU may request that you authorize the attorney(s) who represented you in the criminal case to discuss your case with us. CIU cannot require that your lawyer speak about your case without your permission. CIU may consider your case even if you decline to provide all the information requested by CIU, or if you decline to authorize an interview of your attorney. CIU reserves the right, however, to consider such refusals when reaching its decisions and recommendations.
