If you've been convicted of a DUI but still feel that you're not guilty of the crime or that there were legal errors that altered the basis of your trial or sentence, you may have the right to appeal the case.
A Phoenix DUI attorney can certainly help you out with appealing a case. FindLaw states that the DUI attorney who represented the defendant in a trial does not automatically have to file or handle the appeal. If you were not satisfied with your attorney, you can find another one to handle the appeal case. Usually a public defender can handle an appeal case as well, if you're unable to pay for a lawyer.
The appeals court hears no witnesses and does not determine facts associated with the case. The Arizona Court of Appeals states that the court review is generally limited to finding errors of law or fact determinations unsupported by any evidence. While it may take a number of months for an appeal case to be decided, or even heard, an appellant must notify the courts and the government of the intent to appeal soon after the conviction or sentence. There are also mandatory fees that must be paid when appealing a case. The fees are established by statute and are consistent throughout all courts in Arizona. The basic fees can be found at the Arizona Court of Appeals website.
All the information you'll need when it comes to appealing a Phoenix DUI can be found in the Arizona Appellate Handbook, a three-volume set that covers all types of appeals. These books can be found in your local law library.
Related Resources:
- DUI - Appeals (FindLaw)
- What if the law changes after a court convicts me? (FindLaw)
- Phoenix DUI Attorney Directory (FindLaw)
