Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Nevada DUI Laws to learn more.
Five Reasons to Appeal a Nevada Criminal Conviction
If you have been convicted of a crime, you may be able to file an appeal. A Nevada appeal is different from other types of post-trial motions requesting that the trial court change its verdict or order a new trial. Judges do not often overrule their own decisions, so in many circumstances an appeal may be the better option.
Nevada misdemeanor cases tried in a justice or municipal court may be appealed to the district court in the same county. Nevada gross misdemeanor or felony cases tried in county district court may be appealed to the Nevada Supreme Court.
Unless there has been prosecutorial misconduct involving withholding evidence, a Nevada appeals court will not hear new evidence or testimony. The court will only review the records and the transcripts of your trial and then decide if any procedural and/or constitutional errors occurred.
The following are common grounds for appealing a Nevada criminal conviction.
Your conviction was based upon inadmissible evidence.
You may have an argument that evidence illegally obtained as a result of a violation of your constitutionally protected Fourth Amendment right against unreasonable government searches was prejudicial to your case.
A law or regulation was misapplied
The trial court may have overlooked, misapplied or failed to consider a Nevada statute, procedural rule, regulation or decision directly controlling a material issue in your criminal case.
Nevada Criminal Appeal
The jury was given improper instructions
Even if this objection was not raised at trial, a judge’s failure to give proper jury instructions constitutes legal error.
The evidence against you did not prove your guilt beyond a reasonable doubt.
The evidence the prosecution presented at trial may not have been sufficient to prove your guilt beyond a reasonable doubt as required by the Due Process Clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution.The sentence was excessive.
Even if the appeals court denies your appeal on other grounds, you may be able to have your sentence reduced if was disproportionate to the crime for which you were convicted.
Nevada Criminal appeals are a complicated process requiring the assistance of competent legal counsel. Contact us to represent your rights in a criminal appeal.
About the Author
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.