When sentencing, judges are going to consider many aspects of a person’s case, such as the aggravating factors, how high their BAC was, what their criminal history is, whether anybody was hurt or property was damaged, and whether any mitigating factors exist. If an individual is convicted of a DUI charge, they have the right to appeal the case.
With the help of an experienced DUI attorney in Dale City, they are going to put together a comprehensive mitigation package in order to consider an appeal, which could include things like a person’s volunteer work, their record, their family ties, and anything else that they can bring forth to get some sympathy from the judge or to guarantee to the judge that they are not going to do it again.
A person can appeal a Dale City DUI case under any circumstances under the General District Court if it is a misdemeanor DUI and under the Circuit Court if there is a mistaken law. A Circuit Court appeal is going to have to go up to the Court of Appeals where they will consider a person’s petition for the appeal. They do not have to grant it.
On a misdemeanor-level in General District Court, a person is guaranteed an appeal if they choose to do so as long as it is filed within a certain time. It is an appeal of right, or de novo appeal, so a person’s appeal can be heard. Anybody can appeal for any reason. A person does not have to have that mistake of the law.
Appealing to Circuit Court in Dale City means that a person puts in their notice of DUI appeal in Dale City and sets it for a Circuit Court date. At which point, they can do it in front if a jury, a smaller jury of seven people, or a judge. It is then up to the person and the Commonwealth to decide.
People should know primarily that following a charge, they should not talk to the officers, take the field sobriety tests, or take the PBT. The consequences are much more serious than they are in other states, so a person should not think that their DUI is going to go away or that they can get off with probation for reckless driving, and a person needs to be prepared to be under serious supervision by the court after they have a DUI, which can have far-reaching effects on someone’s life.
The constitutional issues that could come up in DUI cases are numerous. It could be search and seizure issues. It could be right to counsel issues. There are many, but these are the most likely ones to come up.
Those issues would impact the case because they would give the attorney the ability to try to suppress the evidence. As the attorney finds that there are constitutional violations, certain types of constitutional violations allow for evidence to be kept out or suppressed.
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