If you are convicted of Driving Under the Influence, you might be able to appeal your case. In a DUI appeal, you ask a higher court to review aspects of your trial court case for legal error. The claimed error can relate to either the conviction or the sentence imposed.
Appellate attorneys can raise several issues for a DUI appeal. Generally, the grounds for an appeal fall under the categories of procedural or substantive. An example of a procedural issue is an error in accepting a guilty plea. Motions to exclude confessions and to suppress evidence are examples of substantive issues in a criminal case. An experienced DUI defense lawyer can offer an in-depth explanation specific to your circumstances.
In a DUI appeal, the defendant claims that the case should be dismissed or that there should be a new trial or re-sentencing. This can be based on critical legal mistakes that affected the jury’s decision or the sentence imposed.
In considering an appeal, the court reviewing the case looks only at the record of the proceedings in the lower court. The appellate court doesn’t consider any new evidence. The record comprises the court reporter’s transcripts of everything said in court, whether by the judge, the attorneys, or the witnesses. Anything else admitted into evidence, such as documents or objects, is also part of the record.
In reaching a decision on the appeal, the higher court looks to the record and written briefs filed by both sides of the appeal. For example, an appellant challenging a conviction or sentence files an opening brief. In that brief, the appellant argues how and why the conviction or sentence was legally mistaken.
In response, the government files its own brief to illustrate why the conviction or sentence should be upheld. The appellant can usually file a second brief in response to the government’s position. The appellate court may hear oral arguments from each side before deciding the appeal.
At the state and federal court levels, various options exist for obtaining relief after a criminal conviction or sentence on a DUI charge. Most states require an appellant to notify the courts and the government of their intent to appeal soon after a conviction or sentence. Even so, it might take many months for an appeal to be heard and decided. You begin the process of appealing your DUI conviction by filing a notice of appeal.
If you or a loved one is in a bind as a result of driving offense, immediately contact a Seattle Criminal Attorney. A Seattle Criminal lawyer is not going to judge you and understands that everyone makes mistakes. Hiring a Seattle Traffic Lawyer to help can – at a minimum – reduce penalties and can help direct people on how to best deal with their traffic charge, and many times even get them dismissed. So, it should go without saying that someone cited for a traffic offense, misdemeanor or felony should hire a qualified Seattle Traffic Lawyer as soon as possible. Infraction and criminal charges can cause havoc on a person’s personal and professional life. Anyone cited or charged with an infraction or a crime in Washington State should immediately seek the assistance of a seasoned Seattle Traffic Lawyer. SQ Attorneys can be reached at (425) 359-3791 and/or (206) 441-0900.
