Unless you accepted a plea bargain from the prosecution in your initial trial, you still have the right to appeal if you have been convicted of a DUI in California. However, an appeal is only granted under in circumstances when an error or errors were proven present during your trial. While every trial contains its share of insignificant mistakes, these errors need to have a substantial and prejudicial impact on the outcome of your trial to receive an appeal.
Grounds for appeal include the following:
- False arrest
- Improper admission or exclusion of evidence
- Ineffective assistance of counsel
- Insufficient evidence
- Jury misconduct
- Prosecutorial misconduct
- Sentencing errors
When you file your appeal, you must provide a written brief to the court, which includes an opening statement to challenge the conviction or sentencing against you in order to be granted a re-trail or re-sentence. The prosecution will file their own brief, expressing why they believe the conviction and sentencing against you should remain. In most cases, you will have an opportunity to file a second brief to counter the opposing argument. A final decision may be reached in appellate court if oral arguments from both you and the prosecution must be heard.
If you plan on appealing your conviction or sentence, having an experienced DUI attorney on your side. Most appeals must be filed within 21 days after a judge’s ruling, so starting your appeal process immediately is imperative.
To schedule an appointment for a complimentary consultation, contact our Ventura DUI attorney today.