The first step in initiating a review is to submit an application to the Conviction Integrity Unit (CIU) of the Oakland County Prosecutor's Office. The CIU is a unit of the Prosecutor's Office and anything shared in this application is not confidential. Applicants do not need a lawyer to have their case reviewed. However, if they have a lawyer, they should tell them that they are applying and consult with them.
Upon receipt of a written claim, the CIU will determine whether the claim is eligible for consideration (see Eligibility). Phone requests will not be honored. Applicants must submit a written claim (see Application).
If the initial review shows the claim does not meet the eligibility requirements, applicants will be notified and the CIU will take no further action. If the initial review shows the claim may be eligible, the CIU will notify applicants that it intends to further investigate the factual merits of the claim.
Be assured every eligible claim will be reviewed. We recognize that applicants are anxious to hear back from the unit. While the CIU cannot give a time frame for review, we will notify applicants promptly when the claim is received and if additional information is requested. Calling or emailing the CIU does not bring an application priority or attention, but if applicants have questions about the process, they may contact the Office, and someone will try to assist you. Remember, the CIU is not a lawyer for applicants and it cannot give legal advice.
As part of its investigation, the CIU may request to interview various involved parties, including prior attorneys, or the applicant. If there is any action by the CIU that may invoke the waiver of an applicant's constitutional rights, applicants will have an opportunity to consult with a lawyer. If an applicant does not have a lawyer, they may request the appointment of counsel. Applicants do not need a lawyer to have their case reviewed by the CIU.
When the CIU has completed its investigation, a report with the recommendation will be presented to the Oakland County Prosecutor. Applicants will be promptly notified of the recommendation. The nature and form of any relief recommended or denied are solely within the discretion of the Prosecutor. Note, that only a court can set aside a conviction and grant relief. At this point, any next steps are in the trial court and do not involve the CIU.
If applicants disagree with the recommendation of the CIU or the Prosecutor, there is no appellate process because the CIU is not part of the court proceedings. However, applicants may be able to raise the same claims in other forums, like a Motion for Relief from Judgement or a Habeas Petition. It is important to know that the information developed by the CIU during its investigation and the information on the application will be available to other units in the Prosecutor's Office and to law enforcement.
The CIU strives to increase transparency, integrity, and trust in the criminal justice system. Applicants will be informed of the conclusions reached and decisions made as soon as possible given our resources and workforce.
"If I have learned anything from my thirty years as a criminal defense attorney, it is that we all have biases and prejudices. It is what we do with them that changes things. We know that wrongful convictions disproportionately affect black and brown communities and it is time to fix this. I was brought in from the outside to provide a new eye, a fresh look at Oakland County's criminal justice system. T o me, this means that Prosecutor McDonald is serious about integrity in her office. My work here will be to investigate, expose, and rectify these serious miscarriages of justice."
- OCPO CIU Director Beth Greenberg Morrow
