Bensalem DUI Appeals Lawyers
You always have the right to appeal a DUI conviction in Pennsylvania. In fact, it is not unheard of for a judge to make a mistake during a DUI trial. Many times, the mistake occurs during sentencing. Additionally, although PA prosecutors are experts when it comes to the law, they can make mistakes too. That’s why you should never abandon hope simply because you were convicted of a DUI offense; there might still be a chance for you to fight your conviction. Moreover, there is absolutely no risk involved in appealing your DUI conviction. That’s because the worst case scenario is that your original sentence will remain intact; there is no chance of the judge imposing a more severe sentence in the event that you lose the appeal. This means that you have nothing to lose by filing an appeal.
Falls Township DUI Defense
Kamensky Cohen & Riechelson is a well-respected law firm that has been serving clients in Pennsylvania since 1972. During that time, our DUI defense lawyers have helped clients appeal DUI convictions throughout Bucks County, PA, including Croydon, Penndel, and Langhorne. If you were convicted of a DUI offense in Pennsylvania, call KCR now to explore your legal options.
Appealing Your DUI Conviction in Bucks County, PA
You must act quickly when deciding whether to appeal your DUI conviction. In most cases, you will have just 30 days after an entry of judgment to formally appeal your DUI conviction. If you fail to file an appeal within the appropriate timeframe, you will lose your right to appeal the decision forever.
The bad news is that the Pennsylvania appeals process is extremely complicated. The good news is that an attorney can help you overcome the legal hurdles that exist in DUI cases and help you win your appeal. An attorney can make sure that you file all of the necessary paperwork in advance of filing deadlines. An attorney can also secure the documents needed to file an appeal. These documents typically include transcripts from your DUI trial. It is important for your attorney to thoroughly review trial transcripts in order to determine whether the judge or the prosecutor made any errors which would justify an appeal.
Grounds for Appealing a DUI Conviction
When appealing your DUI conviction, your attorney must prove that the legal error in the original trial was significant enough to have affected the outcome of the trial. Although it might not seem fair, a PA appeals court will not overturn the earlier decision if it the trial court’s errors were harmless.
An attorney can generally appeal a DUI conviction on either procedural grounds or substantive grounds. Substantive grounds for appealing your DUI conviction include errors of fact and errors of law. For instance, if the trial court judge incorrectly applied Pennsylvania law in your DUI case, it might be possible to get the conviction overturned. However, one of the simplest ways to challenge a DUI conviction on substantive grounds is to show that the evidence presented by the prosecution at your trial did not prove beyond a reasonable doubt that you committed the DUI offense.
Challenging a DUI conviction on procedural grounds typically involves challenging the manner in which legal decisions were made by the judge and the prosecutor in your trial. For example, the trial court cannot suppress evidence, or testimony, without good legal reason. If the court in your DUI case misapplied the law and failed to exclude evidence that was used against you, you might have procedural grounds to get your conviction reversed.
Sentence Reduction in DUI Cases
Even if you can’t get the conviction overturned, you might be able to challenge the sentence in your DUI conviction. PA judges must impose sentences that fall within statutory guidelines. If the sentence imposed in your case exceeded the mandatory sentencing range, you might be able to argue that it was excessive.
Free Consultation with a Bucks County DWI Appeals Attorney
Kamensky Cohen & Riechelson will do what is necessary to fight your DUI conviction and help you avoid the most significant penalties. Call us today to discuss the possibility of appealing your conviction, or email us to schedule a no-obligation consultation at our office in Bensalem, PA.