Is there anything I can do to overturn a guilty DUI verdict? 50 Answers as of June 28, 2013

When I had my trial everything seemed ok besides my lawyer not calling objections to what was being said about me. Also, I couldn’t bring up that I was in the military or anything of that I am on orders and cannot be compliant until I get back home and I’m waiting on a med board from the military. I have no control on when I get to come home. It seemed as if I was wining the trial because there was no evidence that I was the driver that night and I had won the dmv hearing because of that. Somehow the court came back as I was guilty and I wasn’t. The jury told my lawyer at the end that I didn’t provide enough evidence. I gave a seat belt mark picture and a picture of the car with the passenger side air bag deployed. I feel as if the court has railroaded me. What can I do?

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Law Office of George M. Derieg
Law Office of George M. Derieg | George Derieg
You have 30 days to file a notice of appeal from the date you were convicted. Make sure you file a notice of appeal.
Answer Applies to: California
Replied: 8/11/2012
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
You can appeal the verdict to the appellate courts.
Answer Applies to: Kansas
Replied: 8/8/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
You should appeal the case.
Answer Applies to: Michigan
Replied: 8/8/2012
Larry K. Dunn & Associates | Larry K. Dunn
Although the heading of your question refers to Nevada, your question relates to a jury trial for dui. In Nevada, only felony dui involves a trial by jury. If you lost a jury trial, you would have 30 days in which to file an appeal. A person can raise any legal issues which were raised during the trial as well as the issue as to whether there was sufficient evidence to support the jury verdict. An appellate court does not review the evidence to make an independent decision as to whether the case was proven beyond a reasonable doubt but on whether "any reasonable trier of fact" could have reached the decision. You may raise the issue on appeal that the jury was not properly instructed as to legal matters such as the fact that an accused does not have to present any evidence at trial.
Answer Applies to: Nevada
Replied: 8/7/2012
Dennis P. Mikko Attorney at Law | Dennis P. Mikko
If done timely your could file a motion seeking a new trial or your could file an appeal. You should discuss your options with your attorney.
Answer Applies to: Michigan
Replied: 8/7/2012
    Law Offices of Steven R. Decker
    Law Offices of Steven R. Decker | Steven Decker
    The first and most important is that you must file a motion for a new trial within 30 days of the verdict.
    Answer Applies to: Illinois
    Replied: 8/7/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    If you lost in a jury trial there may not be much you can do. You might try an appeal and you have 42 days to appeal.
    Answer Applies to: Alabama
    Replied: 8/7/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    I cannot tell you what happened at trial unless I read the transcript. You may have taken the stand and denied driving or offered more evidence of who was driving if there were others in the car. You may have admitted driving to the police or there may have been witness. Your lawyer may have been skilled or he may not have been competent. You can appeal the conviction within 30 days of the sentence. You can only testify to what is relevant, but if you took the stand you could have said that you were in the military and anything else that the court ruled was relevant to the issues in the trial. If you did not testify it was because you were in fact driving and your lawyer is not allowed to put you on the stand to lie. That would be subornation of perjury, a felony that could result in him being disbarred.
    Answer Applies to: New York
    Replied: 8/7/2012
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    File an appeal. You have 30 days from date of conviction to file the notice. You could also ask for a new trial.
    Answer Applies to: Texas
    Replied: 8/7/2012
    Austin Hirschhorn, P.C.
    Austin Hirschhorn, P.C. | Austin Hirschhorn
    Expungement is not available for a conviction of DUI. It stays on your driving record forever as a misdemeanor conviction. If you were convicted in a District Court Jury trial, an appeal of right must be filed within 21 days after entry of the Judgment of Conviction/sentence or 21 days following an order denying a motion for a new trial, judgment notwithstanding the verdict, or a motion for rehearing or reconsideration if the motion was filed within the original 21 day period allowed. If those time limits have passed the only remedy available is a motion for leave to appeal to the circuit court and that must be filed within 6 months after the judgment and must be accompanied by an affidavit explaining the delay. If that has elapsed there is no remedy available to you.
    Answer Applies to: Michigan
    Replied: 8/6/2012
    Hynum Law Office, LLC
    Hynum Law Office, LLC | G. Wayne Hynum
    You can appeal the verdict to County Court (or Circuit Court in counties that don't have County Court) if it has been less than 30 days since your conviction.
    Answer Applies to: Mississippi
    Replied: 8/7/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Not much. A jury verdict is pretty final in a criminal case. You can appeal, but chances are likely slim.
    Answer Applies to: Michigan
    Replied: 8/7/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    You must appeal.
    Answer Applies to: New York
    Replied: 8/7/2012
    Attorney Paul Stanko
    Attorney Paul Stanko | Paul Stanko
    After a jury trial, guilty verdict, and sentencing, you have just 30 days to file a Notice of Appeal with the trial court. After that, your only recourse is post-conviction relief. Either way, jury verdicts are rarely overturned, as the Court of Appeals will not reweigh the evidence. You should consult with an attorney familiar with the appellate process immediately to determine what, if any, options you have.
    Answer Applies to: Indiana
    Replied: 8/7/2012
    Alvin Lundgren | Alvin Lundgren
    You have 30 days from the date of conviction to appeal.
    Answer Applies to: Utah
    Replied: 8/7/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You have 30 days to file a motion for new trial, setting out in detail the errors committed by the trial court. If not granted a new trial, you must them file an appeal with the appellate court in the jurisdiction where the case was held. Good luck, your chances of overturning a jury verdict are slim to none. Hire a lawyer who handles criminal appeals, and be prepared to spend mega-bucks on the appeal.
    Answer Applies to: Illinois
    Replied: 8/7/2012
    Universal Law Group, Inc. | Francis John Cowhig
    Without knowing when your trial and verdict occurred, and what actually transpired during the proceedings it is difficult to answer your questions. If there was any improprieties during the trial as to testimony, evidence introduced, court rulings, etc., it is possible that you might be able to appeal the verdict or, at the very least, file a motion for a new trial, which may or may not be granted. However, there are time limits within which you must do this. I strongly suggest that you talk to your original attorney about this or, in the alternative, contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze you case and advise you of your options.
    Answer Applies to: California
    Replied: 8/7/2012
    Steven Alpers | Steven Alpers
    It sounds like you should appeal or ask for a new trial if the time limits have not passed. Discuss this with your lawyer.
    Answer Applies to: California
    Replied: 8/6/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Your remedies are either a Motion for New Trial, and/or an Appeal. If you think you can prove valid grounds to justify either, and if you are still timely in doing so [sixty days for filing a Noticion of Appeal, ten for the Motion], and if you are serious about investing the necessary fees and costs and hiring counsel to help in this, feel free to contact me to arrange a consult to review and determine whether sufficient mistakes of fact or law were made to provide the necessary basis.
    Answer Applies to: California
    Replied: 8/6/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Hire a good post conviction attorney or an attorney who specializes in appeals. That's your only option. The good ones are expensive though.
    Answer Applies to: Texas
    Replied: 8/6/2012
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    If you did not appeal, there is no expungement in Ole Va absent a Pardon from the Governor. You have the Socialist Conservative Republicans to thank for that.
    Answer Applies to: Virginia
    Replied: 8/6/2012
    Law Offices of Brian J. Lockwood
    Law Offices of Brian J. Lockwood | Brian J. Lockwoood
    Appeal. You will need an attorney to do so.
    Answer Applies to: Alabama
    Replied: 8/6/2012
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    One option is to appeal the trial lose.
    Answer Applies to: California
    Replied: 8/6/2012
    Law Office of Brian K. Wanerman
    Law Office of Brian K. Wanerman | Brian K. Wanerman
    If the jury said they found you guilty because they felt you didn't present enough evidence of your innocence, something is seriously wrong. As the defendant, you were under no obligation to provide any evidence at all. On the contrary, the prosecution had the burden of proving your guilt beyond a reasonable doubt. You should appeal the verdict on this basis. Consult an attorney.
    Answer Applies to: California
    Replied: 8/3/2012
    THE LOCKHART LAW FIRM | CLAYTON LOCKHART
    You can always file an appeal and try to get the verdict overturned, or have the appellate court order a new trial.
    Answer Applies to: Mississippi
    Replied: 8/3/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Appeal if you are within the time allowed.
    Answer Applies to: Michigan
    Replied: 8/3/2012
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    You can appeal. But very hard to overturn. Defense has no obligation to provide more evidence. They have the burden of proof and apparently the jury believed the other evidence.
    Answer Applies to: California
    Replied: 8/3/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    File an appeal - you have 30 days to demand an appeal.
    Answer Applies to: New York
    Replied: 8/3/2012
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    If your trial attorney did not plead you out, and you went to trial, then you have the right to appeal. The time within which to file a notice of appeal is quite short, 30 days following sentencing. If you were just sentenced you need to hire an appellate attorney quickly so that a notice of appeal and request for transcripts can be filed immediately. The appellate attorney will examine and scour the record for mistakes made by the court, the prosecutor and even your own trial attorney. This is time-consuming. Hire your attorney quickly to avoid losing your right to appeal.
    Answer Applies to: Hawaii
    Replied: 8/3/2012
    Reeves Aiken & Hightower | Arthur K. Aiken
    Your narrative suggests that you were convicted of DUI. Following a conviction, your only remedy is by appeal. The deadline for criminal appeals is very short, so you need to consult an attorney without delay.
    Answer Applies to: South Carolina
    Replied: 8/3/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    There is no way that I can begin to answer your question without reviewing the case, and that would include the transcripts of your trial. In reviewing the transcripts for an appeal, there must be a basis, like procedural error. The simple fact that you were found guilty and you do not like the decision, is not enough. You need to discuss this with your attorney, or find an attorney who handles appeals. You do not have a lot of time because your right to appeal is limited.
    Answer Applies to: Washington
    Replied: 8/3/2012
    Law Office of James J. Rosenberger | James Joseph Rosenberger
    You have the right to appeal if there are merits to an appeal. Your crucial issue right now is appealing within the proper timeframe after the sentence in your case. Contact me or another attorney who will consult free of charge. Timing of an appeal is extremely important.
    Answer Applies to: Washington
    Replied: 8/3/2012
    Pietryga Law Office | Russ Pietryga
    Depends. First, did you get convicted in a justice court? Second has 30 days elapsed since the day you were sentenced? If you were convicted in a justice court and 30 days have not elapsed since you were sentenced you can appeal. If you appeal from a justice court sentence you get to start all over in the district court. This would give you an opportunity to re-file any and all motions to suppress that you previously filed and, if needed, to re-try the case before a new jury. Hope this helps.
    Answer Applies to: Utah
    Replied: 8/3/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    You could seek a new trial, but that requires a judicial determination. I don't know if a new trial would be allowed based on what you present here. You would need to speak with an attorney and provide much more detail. There must be either judicial error or ineffective assistance of counsel or some other reason to get a new trial. Simply disagreeing with the outcome will not be enough. Good luck.
    Answer Applies to: Massachusetts
    Replied: 8/3/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    It is possible to appeal. To win an appeal, you need to show that there was something constitutionally wrong with your trial. Take your case to a lawyer who handles appeals and you may be able to get a new trial.
    Answer Applies to: Utah
    Replied: 8/3/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You appeal the verdict.
    Answer Applies to: Georgia
    Replied: 6/28/2013
    Pearson, Butler, & Carson, PLLC
    Pearson, Butler, & Carson, PLLC | Matthew R. Kober
    If you went to trial and were convicted, the only option you would have would be to appeal.
    Answer Applies to: Utah
    Replied: 8/3/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You can appeal, and you have 30 days to file the notice of appeal. But it will cost you. Appeals are expensive, and the attorney who did the trial is unfortunately the person in the best person to file it.
    Answer Applies to: California
    Replied: 8/3/2012
    Law Office of William L Spern | William Spern
    You should file an appeal.
    Answer Applies to: Michigan
    Replied: 8/2/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    In New Hampshire, if you are found guilty after a jury trial, you have the right to appeal to the New Hampshire Supreme Court regarding errors or issues of law. You should speak with an experienced appeals attorney in NH to discuss your potential appeal. You have thirty (30) days after your sentencing hearing to file your notice of appeal with the New Hampshire Supreme Court.
    Answer Applies to: New Hampshire
    Replied: 8/2/2012
    VALENTE SCHARG & ASSOCIATES | DEAN VALENTE
    Post-judgment motions and an appeal. Hire a better atty for your appeal if you weren't impressed with trial counsel.
    Answer Applies to: Michigan
    Replied: 8/1/2012
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    If you have time, you can do a motion for new trial; if you have already been sentenced, you need to appeal [if 30 days have not passed].
    Answer Applies to: California
    Replied: 8/1/2012
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    If he case was done in a justice court in Utah then you may still have time to appeal it to District Court and have it heard all over again. In your situation that sounds like the smart thing to do because you will get in front of a district court judge who is better equipped to take that evidence. Good luck.
    Answer Applies to: Utah
    Replied: 8/1/2012
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