A conviction for a DWI charge is not necessarily the end of the road. Depending on case, there might be a chance for an appeal. Before filing an appeal though, it is worth reviewing your case with your attorney. To help you get a thorough assessment of your chances of winning an appeal, here are some questions to ask before filing a petition with the court for it.
Is It Worth Appealing?
Unfortunately, filing for an appeal of your DWI charge does not guarantee that your conviction will be overturned. There is a possibility that the court will uphold the decision, and you could still face the punishment that was handed down to you. Although you have the right to appeal, doing so might not be in your best interest.
To determine if appealing is worth it, think about your reasons for wanting to. If you are simply trying to avoid the punishment, appealing might not be the best option. However, if you want to have the conviction overturned, you should consider filing the appeal.
You also must look at the facts of your case and the trial that was held. The appellate court is not necessarily there to retry your case. Instead, it is going to focus more on if there is new evidence that warrants a new trial or if the original trial was not held according to the law. If there is no new evidence or original trial judge ensured the hearing was held according to the law, it could be challenging to win your appeal.
What Can You Do to Improve Your Odds of Winning?
Since there is already a conviction in your case, you must think about what you can do differently or in addition to what was previously done to win the appeal. Determining what must be done can be challenging, but you can find clues to building a defense in the court transcripts.
The court transcripts are available from the lower court. Even though you will have to pay for the transcript, it is worth it. Read the transcript and look for clues that can help you determine how the case was lost. For instance, if key evidence that would have helped you was not allowed, talk to your attorney about what can be done to have it considered in the appeals.
You can also use the transcript to complete the petition for the appellate court. You will need to cite instances in the trial that you want to have reviewed. For instance, instead of summarizing what was said, you can point to the specific page of the transcript. This will help to avoid confusion and help the court quickly assess your arguments.
Asking your lawyer these questions can help you determine if it's worth filing an appeal in your DWI case. For more information, speak with your lawyer or visit a website like http://www.trafficlawyersuffolkcounty.com.