You’ve been convicted of driving under the influence…a conviction which, you believe was unfair. Is it worth it to file an appeal? What are the chances of overturning your California conviction on appeal?
First off, let me say, honestly, that your chances of overturning your California conviction on appeal depend in large part on your California appeals lawyer. It doesn’t matter how strong your case is if your attorney doesn’t know how to launch an effective appeal.
Beyond that, the chances of overturning your California conviction on appeal depend on the reason(s) why you are appealing. If you are appealing because you believe California’s DUI laws are too strict, because the cop was on a power trip and unfairly discriminated against you, or because you regret your decision to plead guilty, your chances of winning your appeal are slim to none.
If, however, you want to appeal because you believe the police, prosecutor, jury, or judge acted unethically…or because your trial attorney was truly incompetent (defined by a legal standard, not just the fact that he/she didn’t win your case)…then your chances of overturning your California conviction increase tremendously.
The best advice? Consult with an experienced California appeals attorney who can scrutinize your case to tell you whether or not the chances of overturning your conviction are in your favor. And do this fast…the timeframe for filing a California misdemeanor appeal is only 30 days from the date of judgment.