California’s DUI laws can be complex and confusing. In this section, our attorneys break down the rules and explain the process.
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Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
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Call Us NowCan I file an appeal of my DUI conviction?
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The California appellate process is somewhat limited and deals with specific legal issues. You can generally appeal your DUI case provided that it involves one of these “appeal-worthy” issues. It is important to understand the California appellate process to ensure an issue warrants an appeal.
1. When can a person appeal a DUI?
Before you can appreciate how to appeal a California criminal conviction, you must evaluate whether you should file an appeal. Disappointment in the case’s outcome 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.
2. How can an appeals lawyer help?
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.
About the Author
Neil Shouse
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
DUI Blog Posts:
What Happens if You Get a Probation Violation in a DUI Case? If people violate a term of their probation in a DUI case, a probation officer or police officer can take them into custody pending a probation violation hearing. At the hearing, the judge has the discretion to reinstate the probation, modify the probation ...
For various reasons, a defendant may plead guilty or no contest to a DUI charge. If the defendant later decides that a plea was not in his/her best interest, the accused must file a motion to withdraw the plea to enter a new one. 1. When can a defendant withdraw a plea in a California ...