What do I do if I want to appeal my criminal DUI Conviction?

Posted by | January 10, 2015 | Attorney, Criminal Defense, DUI | No Comments
Criminal Appeal

Appealing Your DUI Case from a Conviction in Florida

Have you been convicted of a criminal case and need to appeal your criminal conviction in the state of Florida? The Law Office of Travis Koon appeals cases from all counties in Florida, not just Gainesville, Lake City and/or Miami.  If you have been convicted, speak to an attorney immediately.  You have very specific time requirements after you have been sentenced and the Judge places you in jail, prison and/or on probation to appeal your criminal case in Florida.  You need to contact an attorney as soon as possible.

You have been charged and convicted of a DUI… now what?  If you have read my other blog/articles, you know that a DUI conviction can wreak havoc on your life; but you still have one more chance to fix this… you can appeal your DUI.  I also hope that you have taken my advice and retained the services of a highly qualified DUI attorney.  Our attorneys at The Law Office of Travis Koon have appealed many cases to higher Court to help win our clients cases if there is a legal issue to appeal.  We cannot guarantee a win for you, but we can promise to look closely at your case and zealously fight on your behalf if there is a legal issue to appeal.

After your conviction & sentence, immediately speak with your attorney to discuss the possibilities filing an appeal.  Just because you don’t want a DUI conviction on your record doesn’t mean you can automatically file an appeal; but if you feel that that an error was made, then you need to file one, and quickly.  In most states, your attorney has only 10-30 days to file on your behalf.  In Florida, you have 30 days in most criminal cases but our advice is to immediately consult an attorney as soon as you have been sentenced.

How does the appeal process work in a DUI criminal case in the State of Florida? 

 Your attorney will file a brief to the appeals court arguing that mistakes and/or legal errors were made either during the arrest, during the trial and/or during the sentencing, and you feel these errors negatively affected the outcome of your case.  Your attorney will file a notice of appeal, statement of judicial acts, and write the appellate motion on your behalf.  The appeal process takes hours to complete because the attorney must review all evidence, depositions and trial transcripts.  Next, the attorney will conduct case research regarding any legal issues that the attorney has spotted while reviewing the evidence, testimony, trial transcripts and sentencing documents.  The attorney can many hours of research because the client usually has only one chance to win on appeal.  The attorney must insure that the proper research is conducted prior to the appellate brief being filed because the client must raise all legal issues in the appeal.

The appeals court will not hear any new evidence unless there is newly discovered evidence; they will read the transcripts from your trial and take a close look at the process and facts surrounding your case to determine if a legal error was made. They will then make a ruling on your case.

Your Role in the criminal appeal process in Florida

An appeal trial can take several weeks or months to be heard, you must wait your turn.  During this time you many need to be paying any fines you incurred and even serve your sentenced jail time, speak with your attorney to be sure.  This may be extremely inconvenient to do(to say the least) – but you need to be sure to follow all of the judge’s orders so as not to incur any more fines or problems by not abiding by the orders.    You want to be able to stand in front of the appeals court judge and show that you are cooperating and truly trying.

With all the briefs and paperwork being filed by your attorney and the prosecuting attorney, your DUI paperwork file will start to stack up; be sure you keep everything.  Of course your attorney will have a file for you at their office, but this is something that will affect your life… be sure you stay responsible and keep copies of everything as well.

In the End, what should you do if you want to appeal your criminal case? 

It is horrible to find yourself in the situation of being charged and convicted of a DUI.  Any of the lawyers in our Florida offices (Gainesville, Lake City, or Miami) can help you fight this conviction on appeal. Your knowledgeable attorneys have years of experience with the court systems and know how to best help you.  Most attorneys are good at what they do, but you want to make sure you hire an attorney that practices in criminal defense and has went to trial and appealed many cases.  At The Law Office of Travis Koon, this is what we do… and we are good at what we do.

Travis Koon






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