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May be possible to appeal a DUI conviction

Appealing a criminal conviction may not be the easiest thing to do, but, under the proper circumstances, may be in one's best interests. This is true, regardless of the type of crime of which one has been convicted, including driving while impaired. In California, a DUI conviction can carry significant penalties, so, if anything about one's case is questionable, it is possible for one's legal counsel to begin the appeals process.

The appeals process is something that takes time. It is not something that will be completed overnight. In fact, it can take months. It involves filing a brief to a higher court, along with court records and waiting for a decision to be made. In some cases, it may be necessary to make oral arguments as well.

When an appeal has been filed, no new evidence may be entered for consideration. The appellant and prosecuting attorneys are simply given the opportunity to state their cases. The appellant will have to state why he or she feels his or her conviction should be reconsidered. If successful, a conviction may be overturned or a re-trial ordered.

An appeal may be filed for a number of reasons -- such as legal errors made during the original trial or questions about sentencing or the conviction itself. Every DUI case is different, so the ability to appeal successfully will be case-dependent. An experienced criminal defense attorney will be able to assist those in California who have been convicted of DUI by pursing appeals, if it is appropriate for their circumstances.

Source: FindLaw, "DUI Appeals", Accessed on Jan. 13, 2016

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Former Criminal Prosecutor With Proven Results