For those that have ever been pulled over for driving under the influence, then they have more than likely went to court for their wrong doings, and many people are given jail time for this behavior. However, there are those times in which many people feel as though their sentence is a bit harsh or that they were accused wrongly. When this happens, the person is going to have to work with their DUI attorney in order to appeal the decision that the court has made and see if they can get a sentencing that is more in their favor. But when should they go through the process of appealing to the courts?
When to do this appeal is easy since you should do this almost immediately after receiving a decision that you do not agree with. The DUI attorney that you are working with is going to have the information that they need in order to appeal, which may involve letting the court system and the local government know of what you plan to do. As well as, the paperwork that needs to be done in order to make sure that the appeal goes through and is considered as it should be. So what should you expect with the appeal?
First things first, the appeal process is going to take months at a time. It is not unheard of for the person to not have another court date for months after the initial sentencing, and many times the person is already starting the community service or other sentencing before their appeal date rolls around. Therefore, the person must have some patience when it comes to completing the process. The thing about appeals is that you are not able to introduce any new facts that may help your case. The court is simply going to take a second look at the information, and listen to the information that was provided during the first trial. So what are the ways in which a DUI attorney is going to argue an appeal is necessary?
They could argue that the court was biased for whatever reason. For example, the judge knew the defendant, the jury knew the defendant or the information obtained to prosecute was not obtained legally. There is a slew of reasons that an attorney may seem fit to use as a way to make sure that the person gets another trial. However, the person should not expect to be going up against no one. The original court hearing is going to have officials giving information as to why the person should not be tried again and so forth.
The DUI attorney that the person is working with is the person that should handle every aspect of the appeal since they know what they are doing and how to make sure that they are doing everything possible to make an appeal work for their client.
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When to do this appeal is easy since you should do this almost immediately after receiving a decision that you do not agree with. The DUI attorney that you are working with is going to have the information that they need in order to appeal, which may involve letting the court system and the local government know of what you plan to do. As well as, the paperwork that needs to be done in order to make sure that the appeal goes through and is considered as it should be. So what should you expect with the appeal?
First things first, the appeal process is going to take months at a time. It is not unheard of for the person to not have another court date for months after the initial sentencing, and many times the person is already starting the community service or other sentencing before their appeal date rolls around. Therefore, the person must have some patience when it comes to completing the process. The thing about appeals is that you are not able to introduce any new facts that may help your case. The court is simply going to take a second look at the information, and listen to the information that was provided during the first trial. So what are the ways in which a DUI attorney is going to argue an appeal is necessary?
They could argue that the court was biased for whatever reason. For example, the judge knew the defendant, the jury knew the defendant or the information obtained to prosecute was not obtained legally. There is a slew of reasons that an attorney may seem fit to use as a way to make sure that the person gets another trial. However, the person should not expect to be going up against no one. The original court hearing is going to have officials giving information as to why the person should not be tried again and so forth.
The DUI attorney that the person is working with is the person that should handle every aspect of the appeal since they know what they are doing and how to make sure that they are doing everything possible to make an appeal work for their client.
About this Author
QuestionsAttorney.com is an online law information site and delivers unbiased articles, analysis and other developments of the legal landscape. Read more about DUI Attorney.