California Appellate Law
When you are convicted for a DUI crime in California and you believe that you were not given a fair trial, you have the option to appeal your conviction. An appeal is only granted under certain circumstances and is not easy to obtain. For these reasons you should speak to an attorney before attempting an appeal on your own. Most appeals must be filed within 21 days after a judge's ruling, so getting started right away is essential.
The first step in appealing your conviction is to understand what it is. An appeal is not exactly a legal do-over but more like getting a second opinion. If you have been convicted for a crime an appeal is a chance to ask the court to reconsider the original verdict. This is done in a special court called an appellate court. It is important to understand what an appeal is and is not. It is not a re-trial and judges will not accept new accept new evidence or listen to new testimony. Instead, they will go over the facts of your original trial again and make sure that no errors were made and that you were treated fairly.
If you have been convicted of a DUI crime in California, you have the right to appeal. This is true for all cases unless you waived this right in a special circumstance such as a plea bargain. If you accepted a deal from the prosecution that you would plead guilty to a crime in exchange for an agreed upon sentence, in many cases this includes a clause that you cannot seek an appeal. Appellate law can be confusing because it is full of restrictions. For more information on appeals, you should speak to an experienced lawyer.
DUI Appeals in California
If you are looking to appeal your DUI conviction, there is important information that you should know. Appeals are usually only granted in circumstances where there was an error or errors during your trial. These errors must have been substantial and prejudicial and had an effect on the overall outcome of your trial. Every trial may have small errors that occurred during the process, but if an error appears to have largely affected the final verdict of your trial, you may be able to appeal it and received a retrial. An appeal is not something that you should attempt on your own and you are advised to seek legal representation before considering an appeal.
Possible errors can be anything from evidence not being admitted to dishonest jurors to attorney errors. An error must not only be proven, but shown to have made a significant difference on the outcome of your trial. For example, if you were charged with DUI for failing a BAC blood test, but evidence that the blood sample was tainted was not presented during your trial; you will likely be granted an appeal. If the evidence of the tainted sample was allowed in your trial, it could have very possibly swayed the jury into finding you ‘not guilty'. Because this does occasionally happen, DUI lawyers can help you ask for an appeal and get the re-trial that you deserve.
An appeal must be made soon after you have been convicted of DUI. If your first attempt at an appeal is unsuccessful, you have the option of taking your case to a higher court with more authority such as the State Supreme Court. After your initial conviction, you will typically have 30 to 60 days to file a "Notice of Appeal".
California Appeals Attorney
If you feel that there was an error made during your case relating to the evidence or something that wasn't presented in your trial and would like to see if you can appeal, call us and speak to a lawyer right away. You only have limited time to appeal your verdict so call right now. Our experienced attorneys will be able to tell you whether or not you have potential to appeal. When it comes to appeals, in many cases you only have one chance. For this reason, you will want to make sure that you have the best DUI attorney possible assisting you in your case. Appeals can take a long time and require a lot of paperwork. Our legal team will assist you every step of the way.
Our attorneys come from a variety of different backgrounds. We use our combined knowledge to gain different insights in order to build strong DUI defenses. We have experience as prosecutors, district attorneys, police officers and more. We have years of experience and have dealt with DUI cases of every kind. Our practice focuses on building strong defenses and challenging every piece of evidence that is brought against you. If you want to make sure that you're getting superb legal care, call us today for a free consultation.