If you have been wrongfully convicted of driving under the influence (DUI) in California, you are not out of legal options. The judicial appellate process allows you to appeal a conviction for DUI to a higher court for review. However, the appeals process is very different from a trial so it is critical that you hire an experienced California appellate attorney to handle your case. At The Appellate Law Firm, appeals attorney Corey Evan Parker is prepared to zealously advocate on your behalf in a DUI appeals case. Call the office or contact us today to schedule a free evaluation of your claims.
Why Appeal a DUI in California Conviction?
A wrongful conviction for driving under the influence can be more devastating than most people initially realize. A California DUI conviction can result in heavy fines, possible jail time, and the suspension of your driver’s license. This can make it difficult to get to work, run errands, and do other basic tasks. In addition, a DUI conviction can never be sealed or expunged from your criminal record, and it can affect future applications for employment, education, and more. Filing an appeal for a California DUI conviction can lead to a reversal of your conviction or get your case remanded for another opportunity to prove your innocence in court and avoid the serious penalties that come with a DUI.
How to File a DUI Appeal
An appeal can be filed for a DUI conviction if you believe that there was a procedural or substantive legal error in your trial. Some of the most common causes for appeal include prosecutorial misconduct, incompetent or ineffective assistance of counsel, improper inclusion or exclusion of evidence, and jury issues. In order to file a DUI appeal, your appellate attorney must file a Notice of Appeal within 30 days of your conviction. If the circumstances of the DUI elevated the offense to a felony, the statute of limitations to file a Notice of Appeal is extended to 60 days.
Once the Notice of Appeal is filed, your appellate attorney will begin preparing your case. This includes gathering the trial transcript, which includes the actual transcript of the trial, evidence presented, witness testimony, and more. Your attorney will draft a written brief that outlines the legal arguments for your appeal that is submitted to the appellate court. The prosecution also has the opportunity to respond with a brief of their own, and then both sides have the opportunity to present oral arguments to the appellate bench. Your appellate attorney will be able to craft the best arguments as to why your California DUI conviction should be overturned. The appellate court will then either uphold the original conviction, reverse the conviction in your favor, or remand the case back to the trial court with additional instructions.
Call or Contact Our Office Now
If you would like to talk to an experienced appellate attorney about appealing your California DUI conviction, call the office or contact us today at The Appellate Law Firm to schedule a free evaluation of your case with Corey Evan Parker now.