Appealing a DUI Conviction in South Carolina
Criminal Defense Attorney Helping Defendants in Lexington & Columbia
If you have been recently convicted of a
DUI, you have a right to file an appeal. Success in the appeal will result
in the removal of the DUI conviction from your record along with a possible
dismissal of the charge or the granting of a new trial. At the Law Office
of James R. Snell, Jr., LLC, we represent clients in appealing convictions
for all levels of a DUI, from the initial arrest to a conviction.
You Have the Right to File an Appeal
It is important to act quickly when handling a DUI conviction. Most South
Carolina DUI appeals must be filed within ten days of the date of the
conviction. You can appeal a conviction for
first-time DUI that originated in the magistrate or municipal (city) court. These appeals
will be heard by the county circuit court. You can also appeal a conviction for
felony DUI offense. These appeals will be heard by the South Carolina Court of Appeals.
Appeals After a Guilty Plea
- Sometimes people want to appeal after pleading guilty. They may not have
known their legal rights, or may have been unsure how to conduct themselves
in court. Although there are only very limited grounds to appeal a DUI
conviction obtained as a result of a guilty plea in some circumstances
it may be possible. Typical grounds may include the court's failure
to properly qualify the taking of the guilty plea or a lack of legal competence
(due to age, mental health, or special needs) of the defendant.
Appeals After a Trial
- Most DUI appeals come as the result of a conviction after either a bench
(judge only) or jury trial. The grounds for the appeal can include any
error of law made by the court including admitting or considering improper
evidence or a misapplication of the law.
Dedicated Legal Assistance Throughout the Process
If you have been recently convicted of DUI, you are invited to contact
our office for an initial consultation. Our Lexington
criminal defense lawyers are able to represent clients who were convicted after representing
themselves in court. We can also help individuals who initially used the
services of another attorney. It is our objective to use our membership
with the South Carolina Association of Criminal Defense Lawyers to our
clients' advantage. We have the experience and skill to help our clients
navigate the process.
Call our office today!