How to fight against a guilty DUI verdict
If you have been convicted of a DUI and want a reduced or dismissed sentence, there is an option for filing an appeal. In doing so, you essentially ask a higher court to further examine your case to decide if any legal errors took place regarding your DUI conviction. If you’ve been convicted of a DUI and are thinking about appealing your case, the steps below show you the easiest way to set down that path.
Having an experienced and accomplished lawyer is a fundamental in getting your conviction reduced or dismissed. Filing an appeal for a DUI case is not a job you want to take on yourself. The rules and regulations of the criminal appellate, or appeals, process are incredibly strict and can be difficult for many to follow. Without a good lawyer at your side, you may end up missing deadlines or making mistakes that will only serve to damage your case in the long run.
There is usually a limited time period of 10 to 30 days from the time of conviction in which you can file a notice of appeal, so you want to file as soon as possible and not wait until the last minute. You’ll end up filing what’s called a “Notice of Appeal” with the clerk’s office where your case was tried. You can also file a “Motion for a New Trial” if you feel like it is necessary. Keep in mind that most motions for a new trial must be filed within two weeks of the verdict. It is of most importance to discuss all of your appeal options right away with your lawyer.
There are a few things that you must know before you start to file an appeal for your case. For instance, you should know that while you need to file as soon as possible, it could take several months for a court to settle on a result for your case. Furthermore, if you accepted a plea bargain, you most likely relinquished any rights for an appeal. You also may not include any new evidence during a new DUI appeal. Only facts and evidence included in the original trial can be reviewed. It is ultimately up to you or your lawyer to prove if it was erroneous or unfair.
Keep yourself and your lawyer on track by asking for a copy of each form that is filed. This just ensures that your lawyer stays on top of your case and is organized. Keeping all of your files in order will also significantly lower the risk of any errors happening throughout your appeal.
If you are in any way unhappy with the way your DUI conviction turned out and feel errors in judgment were made regarding your case, filing an appeal is the way to go. If you want to appeal your DUI conviction, contact The Wilder Firm today.