Expunge Your DUI

 

 

 

 

 

 

 

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Expunge Your DUIPost Conviction

People convicted at trial have the right appeal their cases and is called the post-conviction process. Post conviction means the entire case, from investigation through sentencing, can be looked at again by a higher (appellate) court. The defense gives a written brief taking account of the areas where errors may have occurred during closing argument. The most common reasons for appeal include an invalid arrest, improperly admitted evidence, and incorrect jury instructions. Some offenders may also appeal the length of their sentences where the prosecution gives a brief responding to the offender’s arguments. These briefs, along with a transcript or tape of the trial, go to the appellate court for them to go over.

Attorneys may also present oral argument in front of the court to help with post conviction. The appellate court may either affirm the conviction or overturn the trial court decision. If the court overturns the conviction, the prosecutor sometimes retries the case. A convicted offender also may ask the trial court judge to change the sentence or overturn the conviction. The offender may argue that the defense attorney was not effective, new evidence has been discovered, or the judge misunderstood the law. Sometimes new evidence and testimony is sent to support a motion for this post-conviction relief. The appellate and post-conviction process may take some time and may add to your aggravation with delay.

You also have the right to be made aware of the post conviction proceedings and to be at them if you have registered with the prosecutor’s office for notification. Still, most appeals are won by the prosecution. Many victims feel relieved if they allow the burden of the appeal to rest with the prosecutor, and spend the waiting period working on their own recovery process. Don't know your rights? If you have questions about appellate procedure, ask one of our expungement attorneys for further information about post conviction.