Your Disability Lawyers : Disability Legal News

If you have gone through the entire conviction process for your DUI yet want to either remove the conviction from your record or fight for a lesser sentence, you have the option of filing an appeal. While an appeal is not a re-trial, what it can do is re-examine your original DUI proceedings in order to determine whether or not you were given a fair trial. An appeal can also be filed if you feel you were not represented zealously by your original attorney. Perhaps you feel as though your attorney didn’t give your case the time and attention it deserved, or made specific mistakes that directly contributed to your being convicted.

Of course you will have to hire a Florida criminal lawyer to represent you in such an appeal. Because a DUI conviction is required to be reported on job applications, you might want to pursue an appeal in order to avoid this, giving you a better chance on future jobs. You might have felt you had a good chance of being acquitted, then were shocked to find yourself with a DUI conviction on your record. In short, you are allowed to either appeal the conviction itself or the sentence imposed once you have been convicted of DUI.

Can I File an Appeal?

Be aware that you are only able to file an appeal if your case went to trial; if you accepted a plea bargain it is almost a certainty that you waived your right to an appeal. Your first order of business will be to hire a Florida criminal attorney who has a solid track record of DUI appeals; it is absolutely necessary that you have an attorney by your side during this process since DUI appeals can be incredibly complex with many key deadlines. Your DUI attorney will first request a new trial before filing for an appeal.

Although it is highly unlikely that you will be granted a new trial, or the original judge’s decision overturned, it is the start of the appeal process, and a necessary one. In most states you will have from ten to thirty days following your conviction to file a notice of appeal, so it’s important to move quickly, hire an attorney and get the appeal filed right away. You will want to confirm your DUI attorney will provide you with copies of every form he or she files so you can have less worries and will know the deadlines are being met and all briefs and forms are being properly filed with the court.  Educate yourself on the DUI appeal process so you can better understand the forms and briefs your attorney provides you.

The Appeal Process

Criminal attorneys in Florida may be arguing on your behalf that specific legal mistakes were made during your trial which materially affected the ultimate decision of the jury. This initial argument will ask that you be re-tried or re-sentenced. Remember that appeals only review the official record of the lower court proceedings and are not allowed to look at any new evidence. This official record consists of transcripts of everything said in court as well as anything else which was admitted into evidence. The higher court will consider the record in the original trial as well as the briefs filed by both sides—your attorney and the prosecution, acting on behalf of the state. The appeal process can be quite lengthy, taking several months to be reviewed and a decision made.

While an appeal can certainly be both expensive and time consuming, the results could make it well worth both. Having a DUI conviction on your record can change your entire future, from jobs you might want, organizations you want to be a part of, and even the social stigma you may suffer in your community. This is not even taking into consideration the possible jail time, fines, mandatory rehabilitation, loss of license and eventual probation. If there is the least chance that an appeal can change these things then your future is well worth taking the chance.

Have a DUI charge in Jacksonville, Florida?  Contact Jacksonville DUI lawyers to discuss your case and provide the legal advice and counsel you need.  Most attorneys in Florida offer a free initial consultation.