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What are the chances of winning an appeal on misdemeanor dui conviction ??

Orange, CA |

If jurors were sleeping could this be an issue ?? how would you prove this to be factual ??

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Attorney answers 3

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What are the chances? Without a trial attorney who knew how to lay the groundwork for the appeal, plus an experienced appellate attorney who can effectively raise the issues, next to none. Even with the best trial attorney and a great appellate attorney, you have a very slim chance. That's because appeals start with the assumption that the verdict was correct and you bear the burden of proving some error that should get it reversed.

The court hearing your appeal is only going to look at the court's reporter's transcript of what happened in court and the clerk's file of all the paperwork in your case. If jurors were sleeping, there's no way for the appellate court to know that unless the trial lawyer asked the judge to make that observation on the record, or brought a motion for new trial with evidence the jurors were sleeping.

It may be possible to raise the issue in a petition for writ of habeas corpus, but you would need some evidence to support your claim.

The appellate process is far too complex to explain on Avvo. Just remember, if you want to appeal the case, you must file a notice of appeal with the Superior Court that heard your case within thirty days of sentencing.

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Without reading the transcript of the trial the only person who can tell you what your chances are on appeal is the lawyer who tried the case. The problem with having the trial lawyer do the appeal is that, unless that lawyer has identified a specific issue that is likely to be successful on appeal, the best chance may be in spotting a mistake that lawyer made. The lawyer who tried the case may not be very good at spotting his own mistakes.

If you want to appeal the case you should have the lawyer file a notice of appeal or file it yourself. You should hire a lawyer to handle the appeal. Get one who has a lot of appeals experience. That lawyer can then review the transcript and tell you whether to go forward. You will at least have to pay for the transcript and the lawyer's time to review the case. If there is a basis for an appeal you must pay the lawyers time for that work.

Your chances of winning an appeal yourself are not very good.

DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.

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Winning a case on appeal is difficult regardless of the charge. The chances for success depend on the issues on appeal and the merit of the case. Overall, your chances of winning an appeal are probably significantly lower than those in the trial court. This could vary depending on the course of the trial and what possible errors were made by the prosecutor or the judge.

Jurors sleeping could be an issue and there is a litany of case law on this issue. Of course, it depends when they were sleeping. Your attorney should be able to discuss the merits of these issues with you.