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How long does an appeal take on an E Felony for a DUI?

New York, NY |

First Felony DUI. Third DUI total

Attorney Answers 6

Posted

12-18 months.

Joseph A. Lo Piccolo, Esq.
Past President, Criminal Courts Bar Association
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

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Posted

It takes awhile. The shortest time that I have experienced is one year. If the court is busy it can take two full years from the filing of the Notice of Appeal until a final resolution is complete. Best of luck to you.

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Posted

There are many variables. The first is the speed of your attorney, and the Respondent attorney. How quickly is your attorney not only filing a Notice of Appeal, but more importantly, how fast is your attorney perfecting the appeal. After the opposing attorney files his brief and your attorney submits his reply, the matter is submitted to the court. Are the attorneys requesting oral argument? If so, it could take longer. The next variable is how the long the Appellate Court takes to decide the case. Are you in-custody? I am sure you have your reasons for concern regarding the length of time an appeal takes. I would suggest you concern yourself with making sure you have an attorney that is knowledgeable and has had experience in previously handling appeals. I have won multiple arguments in the New York Supreme Court, Appellate Division and I can tell you that it is a lot of work and you need to know what you are doing. Good luck!

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Posted

The same as any other appeal... perfection of the appeal typically must take place within 6 months after filing the notice (unless extension is granted) and then the Answering brief, etc. must be filed, and ultimately it is reviewed by the Appellate Division, with or without oral argument, and then the decision is made. How long? It depends....figure at least 8 to 12 months.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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Posted

The fastest I've done a criminal appeal is one year from the sentence to the appeallate decision. You can also move to stay the sentence.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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Posted

Months to a year or so.

This is not legal advise. Office visit for a free consult is needed.

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