December 3, 2010

Convicted of a DUI? Maybe You Want to Explore Filing a California Appeal

First off, let me say that not everyone who has been convicted of a California DUI should plan on filing an appeal. The California appellate process is very limited and only deals with specific legal issues. This means that unless your DUI case involves one of these issues, an appeal will be fruitless. This is why having a basic understanding of how to appeal a California criminal conviction is so important.

But before you can appreciate how to appeal a California criminal conviction, you must evaluate whether you should file an appeal. Disappointment in the outcome of the case or a personal belief that California’s DUI laws are too harsh are not appropriate grounds for appealing a California conviction. However, police misconduct, unethical prosecution, a biased jury, and/or incorrect legal rulings are.

So if you believe you may have been the victim of an unjust conviction, you should meet with a California appeals lawyer. He/she will review your case and explain exactly how to appeal your California criminal conviction. He/she will explain the types of rules that regulate appeals, the types of written and oral arguments he/she will present and all possible outcomes.

While it is possible for you to represent yourself during the appeals process, know that you will be held to the exact same technical and complex standards as a licensed attorney. This means that unless you master the rules that govern how to appeal a California criminal conviction, you will surely be doing yourself a disservice.

November 30, 2010

Choosing Your California Appeals Attorney

When it comes to appealing your driving under the influence conviction, you don’t want to hire just anybody. California appellate law is a technical and complex field that requires an attorney who not only knows how to play this unique game but who also knows how to win it. And, quite honestly, it doesn’t matter whether you’re appealing your first-offense DUI conviction or a major controversial issue such as same-sex marriage or abortion rights, having a skilled California appeals attorney is essential to the appeal’s success.

California appeals are very different than California trials. As a result, a California appeals attorney must think (and argue) very differently than a trial attorney. The issues, rules, arguments, and judicial decisions that comprise California appellate law are exclusive to appellate law.

Make no mistake about it. If you don’t have a California appeals lawyer who is readily familiar with the rules and regulations that govern this very specific area of the law, your case will be in jeopardy. It doesn’t matter how strong your case is if your attorney doesn’t know how to present it effectively.