Bergen County DUI Appeals Lawyer
Information on DUI Proceedings
At The Law Offices of Benjamin Kelsen, the firm considers it vital that any individual coming to them for help thoroughly understands the DWI charges they are facing and what will occur in their case. Whether it is a first time DWI or there have been multiple DWI arrests, the better informed the individual is, the easier the process becomes. It starts with the person's arrest and the signing of a Summons & Complaint against them by a police officer.
Next, there will be a hearing before the court. At this hearing, the person will be told what they are being charged with and enter a plea of guilty or not guilty. In some cases, they can enter a plea of not guilty through an attorney and not have to personally appear in court. This is one of the many services that a knowledgeable Teaneck DWI attorney can provide. In the next phase of the proceedings, an attorney is allowed to find out what evidence the prosecution is in possession of. The firm can engage in motions to the court to force prosecutors to supply them with all the evidence. This is done to make sure that certain evidence is not allowed at a trial, to exclude certain statements that may have made by the person being charged, and other actions designed to produce a successful outcome in the trial.
Use of a Teaneck Attorney to Appeal
Finally, there is a trial and any sentencing. Mr. Kelsen always strives to win cases that can be won, but if the case is not won at trial, there is another option that may be available. There are 20 days in which to appeal a conviction to a higher court. The appeal will be heard by a Superior Court Judge who will review all the evidence in the case and read the transcripts of the trial. The Judge may decide in the person's favor or may uphold the conviction. The court cannot give them a more severe sentence than already given.
In the case of another conviction, there are 45 days to further appeal the case to the Appellate Division, which is a multi-judge panel. The firm is fully prepared to take the client's case to the limit to try to obtain a successful outcome.
Contact a Bergen County DUI Appeals Lawyer
if there has been an unjust conviction on DWI charges that needs to be appealed.