DUI And Criminal Convictions: Getting To The Court Of Appeal

criminal defense lawyers in Orange County
 

If you have been arrested and convicted of a DUI, drug possession, hit and run, burglary, Criminal Threats, or any other crime in Orange County, you may have been represented by an Orange County DUI Attorney or Orange County criminal defense lawyer. If you were lucky enough to find a good dui lawyer, he or she carefully scrutinized your case and took advantage of any opportunity to move for suppression of evidence or dismissal, making a careful record on the way. But any experienced criminal defense lawyer in Orange County will tell you that you cannot expect to win every fight in the courtroom, even if you have the better argument. Often, when a DUI or criminal defense lawyer makes a legal argument at a hearing, such as a suppression motion or a preliminary hearing in felony cases, the judge makes a legal error in assessing the argument and rules against your attorney. When this happens, and it happens more often than most people think, it is up to you and your criminal defense attorney to seek review of this error.

In felony cases, you will have an opportunity to have the judge’s decision made by filing another motion (Penal Code Section 995) and another judge will review the record. But in misdemeanor cases, your next opportunity to have a judge’s erroneous decision looked at is at the appellate level. As a criminal defendant in a manufacturing drugs, Corporal Injury, methamphetamine sales, or other criminal case, you have the right to appeal to the Appellate Department of the Superior Court. Here, the decision of the trial court will be reviewed by a panel of three superior court judges. Unfortunately, defendants in misdemeanor cases, such as Domestic Violence, prostitution or assault cases, do not have the right to appeal to the California Court of Appeal. However, your DUI Attorney in Orange County can petition the Appellate Division to send your appeal to the California Court of Appeal.

California Rules of Court Section 8.1005(a)(1) allows the Appellate Division to grant your Orange County criminal defense lawyer’s petition to certify your appeal to the California Court of Appeal if the Appellate Division determines that the transfer “is necessary to secure the uniformity of decision or to settle an important question of law.” Your defense lawyer must file the petition to have the case certified to the Court of Appeal within 15 days of the decision by the Appellate division. The decision to grant a DUI Lawyer in Orange County’s petition for certification must be made by a majority of appellate division judges or by any two of the three appellate division judges who decided your appeal.

If you have been arrested for a DUI drugs, Domestic Battery, drug sales, or any other crime and would like to schedule a free consultation about your case, or if you have been convicted of a crime and are considering an appeal, call The Law Offices Of EJ Stopyro at (949) 559-5500. You can also visit our website at www.EJEsquire.com. We are located at: 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627 and at 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA, 92675.

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