If you are facing DUI charges in Carrollton, GA, seeking legal guidance and representation from an experienced DUI appeals attorney is essential. A DUI attorney at Moffitt Law, LLC can help appeal your case and avoid the consequences.
Why File for an Appeal to a DUI Conviction?
A DUI conviction can result in severe consequences, including driver’s license suspension, fines, interlock system installation, and jail time.
You have a right to file for an appeal to a higher court of law to overturn the judgment on your DUI conviction if you feel the ruling was unfair or baseless. You can also appeal if there were errors in how the court handled the trial, such as critical legal mistakes that affected the jury’s decision and the sentence imposed.
But to appeal a DUI conviction, you need to have a substantive issue to challenge and appeal in court. A DUI appellate lawyer can provide an in-depth explanation specific to the circumstances of your case.
Then, your attorney argues that based on the critical legal mistakes that affected the jury’s decision, the court should dismiss the case or re-try the appellant.
What are the common grounds for a DUI appeal in Georgia?
You can appeal for a new trial if the verdict is contrary to principles of law, improper jury selection, prosecutorial misconduct, errors in taking a guilty plea, suppression of evidence, and errors in the trial process. Your attorney can also argue that the sentence imposed was too harsh or that the trial court made legal errors that affected the outcome of the case.
How Long Do You Have to File an Appeal?
Once you decide to appeal for a DUI conviction, you must file a Notice of Appeal within 30 days of the DUI conviction being entered into the trial court.
First, you should register the notice with the court that made the conviction. After filing, file the needed paperwork, including proof of service and transcript requests.
The appeal process can take several months to resolve, depending on the county and how much litigation is involved. The higher court, or appellate court, looks to the record and written briefs filed by both sides of the appeal to reach a decision.
The appellant challenging a conviction or sentence files an opening brief, arguing how and why the conviction or sentence was legally incorrect.
Generally, filing for an appeal in a criminal case is usually free. However, you might need an experienced DUI lawyer to guide you through the process and defend you against intoxicated driving charges.
The DUI Appeals Process in Georgia
If convicted of DUI in Georgia, you have a right to appeal to a higher court to review the specific aspects of your case.
The appeals 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 involves two stages:
- Your DUI appeals attorney will argue the conviction or the sentence imposed
- The lawyer appeals for a new trial based on several factors, including when a verdict is contrary to principles of law, improper jury selection, prosecutorial misconduct, errors in taking a guilty plea, suppression of evidence, and errors in the trial process.
You can either file a direct or post-conviction appeal in Georgia. If you have a direct appeal, you should file with the next higher court from the previous ruling court. On the other hand, if you have a post-conviction appeal, you should file with the same court that tried the original case.
Successful appeals depend on legal error, which means that the court wrongly handled something during the hearing process, which harmfully affected the jury’s choice. Therefore, you should get quality legal counsel as soon as possible if you are interested in filing for an appeal.
Appeal a DUI Conviction With Our Help
If you or a loved one is considering a DUI appeal in Carrollton, Georgia, you can seek the assistance of Moffitt Law, LLC. We provide skilled legal services to local residents charged with a DUI.
Our team is knowledgeable and will help you prepare for the petition and guide you through the DUI appeal process. Contact us today, and get started now.