In many cases, a favorable outcome can be achieved in a DWI case, where the charges are either reduced or they are dismissed. However, there are times when the outcome may not be favorable. While the charges may have been reduced, perhaps they should have never existed in the first place. Then again, the Judge may refuse to be swayed from the very beginning, and they could impose the strictest sentence.
Even if there seems to be no hope, there is hope in a DWI case, and that comes in the form of the appeal. Your Twin Cities DWI attorney can file for an appeal for you in order to have the conviction thrown out, or be convicted of a lesser charge if the proper evidence is displayed in the court.
THE APPEALS PROCESS
Following a guilty verdict in a DWI case, it is your right to file an appeal. This appeal must be done in a timely manner, which means you need to act quickly to decide if you wish to appeal the verdict of the court. If the request is not filed on time, the court deems this a waiver of your right to appeal.
Fortunately, your attorney is fully aware of deadlines, and what needs to be done, so s/he will file the necessary paperwork with the Court of Appeals in order to have a new court date awarded. It can take a while for a court date to be set because the court has to work around all other cases currently scheduled. In the meantime, the prosecutor receives notification of the appeal so that they can prepare their case against you.
Even if you serve your time while waiting for the appeal, the intended outcome is that you will have a better future due to no criminal record, or a criminal record with a charge other than a felony. Gross misdemeanors could even be reduced to a regular misdemeanor, which have lighter ramifications than a gross misdemeanor or a felony.
When you receive your day in court, your lawyer will argue the points that have been prepared to either remove the conviction or reduce it. The prosecution, on the other hand, will show evidence and argue why the conviction should stand.
WHEN APPEALS DON’T WORK
There are times when an appeal doesn’t work. First, your Twin Cities Criminal lawyer will advise you as to whether or not an appeal is the right thing to do. While having a lesser conviction on your criminal record is ideal, some cases in Minnesota in the appeals process led to a greater conviction. If new evidence is found, it is possible for a person to be re-charged and convicted of multiple crimes. Of course a competent and aggressive attorney is going to work hard to ensure that such a negative change in conviction does not occur. Usually, a solid case can be made to not hand down a higher conviction if the verdict will not be changed.
Here is an example of an appeal gone bad (Not our case!): A man is arrested for his fourth felony DWI with certain aggravating factors present. However, a paperwork error results in the man being sentenced without any of the aggravating factors being considered, which ends in a lesser charge. He appeals his conviction for the aggravating factors to come out, allowing the court to find that his sentencing was not harsh enough. Either the conviction will never change or a harsher sentence could be handed down.
Fortunately, this is rare, and the Ramsay Law Firm has a great record at being successful in the appeals process. With the right advice, the right representation, and an aggressive defense, you can have a better outcome than you received the first time in front of the judge.
CONTACT A ST. PAUL CRIMINAL ATTORNEY
DWI charges are frightening and conviction can be even more horrifying. Knowing that you can appeal your conviction, can bring about a degree of comfort, especially when you have a knowledgeable attorney by your side. To schedule a free consultation, call the Ramsay Law Firm at 651-604-0000 or fill out the form on this page to learn more.