When you have been wrongfully convicted of a DUI offense, you have the right to file an appeal. This is a complex process with limited time in which to request the appeal. Appeals attack a DUI conviction, and may be possible even if you pled guilty at the time. In some cases, individuals were advised by another lawyer to “just plead guilty” and to take the conviction. This is an easy way to work for some attorneys who won’t take the time to look deeply into the case and find the defense opportunities. We don’t work that way. A Pasadena DUI attorney from The Law Offices of Paul S. Geller is prepared to assist you if you were found guilty of DUI and were wrongfully convicted or sentenced. This is a tricky process and demands a highly skilled lawyer with extensive experience in the appellate process if you hope to be successful.
Pasadena DUI Appeals Attorney
The first step in filing an appeal is based upon whether the conviction was a misdemeanor or felony DUI offense. In the case of a misdemeanor, a “Notice of Appeal” must be filed within 30 days of judgment (sentencing or probation). I can be extremely important to appeal a misdemeanor DUI if you faced unfair punishment, extensive fines, or you were not guilty of the crime. When a felony DUI is the situation that you want to address in an appeal, you have 60 days from the time of judgment to file the “Notice of Appeal” . In felony DUI case in which there was a plea of guilty or “non contredre” (no contest), there will be further requirements in filing the appeal.
The sentencing rules in the state have changed in recent years, and in some cases individual were sentenced in a felony DUI case to the maximum term by a judge. This can potentially be appealed as it was determined that this was unconstitutional, and the individual’s rights may have been violated in the sentencing by a judge. These cases take extensive work and preparation, but when successful are a wonderful win for our clients and for us. We urge you to contact our firm at once if you are considering an appeal, as we do not want you to lose your opportunity to file due to missing the time window allowed under law.