The punishment for a driving under the influence (DUI) conviction is dependent on whether you were charged with a first or subsequent crime, if your blood alcohol concentration (BAC) exceeded 0.15, and if others were egregiously harmed or killed because of your actions. If you are convicted, punishment can entail jail or prison time, fines, community service, and other restrictive measures, such as the installation of an ignition interlock device you must submit to before you can drive.
However, our criminal appeals attorneys could offer hope by filing an appeal if there were errors at your trial. The appeals process protests your conviction and aims to show the Appellate Court judges that the conviction should be overturned, a new sentencing hearing granted, or a new trial conducted. For a thorough examination of your trial and conviction and a legal roadmap for appealing a DUI conviction in Orlando, call The Umansky Law Firm now before the window for filing an appeal closes.
In an appeal, the Appellate Court, which is above the trial court, is asked to review your trial information because you believe a costly error was made and your results would differ if that error were rectified. An appeal can be crucial to your future since the minimum sentence for a DUI manslaughter conviction is four years in prison, and jail time and hefty fines accompany other DUI charges. According to Rule 9.140(b)(1) of the Florida Rules of Appellate Procedure, you can appeal:
Note that if you enter a guilty or nolo contendere plea, Florida Rule of Appellate Procedure 9.140(b)(2) does not allow you to appeal, except in limited circumstances. Nolo contendere means you neither admit nor deny guilt but will accept the judge’s ruling. If you enter a plea and then appeal, you must demonstrate that the State will have to drop the charges if you prevail. For example, if the State can prove your guilt without the information you claim is in error, you cannot appeal. Your best chance for challenging a DUI conviction in Orlando is to enlist the best law firm for the job, and we have a proven record of wins on appeal.
Your attorney must file a Notice to Appeal within 30 days of sentencing. If you are reaching out to our team post-conviction, it is essential to understand that failing to file within the time limit may preclude an appeal.
Our attorneys could carefully evaluate your chances of winning on appeal. Our knowledge of criminal law and rules of procedure and evidence is the foundation for determining if there is an identifiable error that could change the outcome of your case. Once identified, we determine if the error was preserved, meaning the trial court was exposed to the information that comprised the error. The Appellate Court will only consider evidence and testimony presented to the trial court.
If a mistake was made at your trial, you are not eligible for appeal if the error was a harmless one. To prompt the judges to grant you a new trial, dismiss your case, or ask that you be resentenced, the error must have significantly impacted the original trial outcome. A DUI conviction disrupts your family and work life and can rob you of your freedom, so it is worth exploring if there is an option for appeal with the guidance of our Orlando attorneys. Call now to discuss your case.
Orlando Police officers and Orange County deputies are not infallible, and neither are judges and prosecutors. If convicted of DUI, you may have recourse to appeal that conviction if a substantial error was made and captured in the trial court record. This could involve deputies not having probable cause to stop you, or the prosecutor negotiating for parole and then reneging on the agreement.
The only way to determine if your appeal will be successful is to enlist the help of a knowledgeable attorney familiar with the appellate process. The Umansky Law Firm has a successful history of applying the cumulative knowledge of our team to help people just like you. Call today to schedule a consultation about appealing a DUI conviction in Orlando.
The Umansky Law Firm Criminal Defense & Injury Attorneys
