In some instances, individuals convicted of DUI have the right to appeal to a higher court to review specific aspects of their case. This is where a DUI lawyer will argue the conviction or the sentence imposed. If you or a loved one has been arrested or charged with a DUI in Georgia, it is important to understand the appeals process and seek assistance from a seasoned Georgia DUI appellate lawyer (who can be found right here) for an in-depth review specific to your case.
Grounds for a DUI appeal
An appellate lawyer can appeal for a new trial based on several factors. This includes when a verdict is contrary to principles of law. Other grounds include improper jury selection, prosecutorial misconduct, errors in taking a guilty plea, suppression of evidence, and errors in the trial process, to name a few.
The appeals process
According to Atlanta, GA DUI defense lawyers, the appellate process must begin within 30 days of conviction and must be done by filing a motion for a new trial or a notice of appeal in a Georgia court. This appeal process involves two stages. In the first stage your attorney will move the court for a new trial and you will be asked to request the judge to vacate the conviction or grant a new trial.
Your appeal will be backed up by evidence and arguments by your lawyer. If the judge does not grant a motion for the new trial, the order may be directed to an appellate court to review the decision. In some cases, your lawyer may recommend that you file your appeal directly and skip the motion for a new trial. However, the Georgia Court of Appeals is where most appeals are first heard.
If you have been convicted in a probate court you must appeal to the superior court. On the other hand, if you have been convicted in a recorder’s court, your appeal must be made by writ of certiorari to the state court of the respective county. Your legal professional may also decide that you make an interlocutory appeal during the course of your trial in the lower court.
Within 10 days of the appeal, the court will issue a certificate of review following which you must file a petition in the appellate court within 10 days. An interlocutory appeal is usually viable if the judge’s ruling appears to be flawed and has the potential to cause a significant error at trial.
Seek help from a proven DUI lawyer
No matter what the circumstances, your Atlanta, GA DUI attorney will determine the right course of action. If you have been convicted of DUI, you will have to face the consequences although a conviction does not mean the end of the world for you.
A hard working and committed lawyer will determine ways to challenge your conviction and get it reversed. DUI appeals are usually based on different events that occurred before and during the trial, and your attorney will decide on what grounds you can appeal. This could be admission of illegal evidence or violation of your constitutional rights.
Therefore, make sure to hire a fantastic and sagacious Atlanta, Georgia DUI lawyer as soon as possible. This is not impossible to do! Go right here: https://usattorneys.com/. This is America, not Cuba or Russia, you have the right to be well represented.