when you goto a jury trial

[crystal_37]

I f you get a dwi this is your third offense i am takeing it to a jury trial to fight it if the jury finds me guilty can i appeal it or get a differant jury or is that final

 

[Mass_Shyster]

If the jury finds you guilty, you can appeal, but your appeal must have a legal basis. You can't simply appeal because you don't like the verdict. The appeal is normally based on a procedural error by the judge, such as allowing inadmissible evidence over your objection, denying a motion that should have been granted, or providing incorrect instructions to the jury.

 

[FlyingRon]

What STATE are we talking about?

Procedures vary, but you don't "appeal" juries to other "juries." If you are convicted at trial you have to follow the appeals process. The normal way is that you make some point on a legal principal that was in error in the original trial. The appeals court either declines to hear you, hears you and affirms the lower court, or gives instructions to have the case remanded back to the lower court for a new trial.

In some cases, Virginia for example, your initial case may be heard in a lower court (General District Court) and you can appeal for any reason to be heard "de novo" (i.e., it all starts over) in the Circuit court.

However, GDC trials are never done with juries. If you ask for a jury trial you'll go direct to the circuit court (and your appeal is the standard one described in my first paragraph). That being said, you're best shot usually is to try the case in GDC with the judge and then appeal for a de novo jury trial in circuit court.

I can guarantee however, no matter what state you are in, at the third offense DUI you really need to have a good lawyer making the case and mitigating the sanctions that may result.

 

[crystal_37]

thank you for the imformation

What STATE are we talking about Procedures vary, but you don't "appeal" juries to other "juries." If you are convicted at trial you have to follow the appeals process. The normal way is that you make some point on a legal principal that was in error in the original trial. The appeals court either declines to hear you, hears you and affirms the lower court, or gives instructions to have the case remanded back to the lower court for a new trial.

In some cases, Virginia for example, your initial case may be heard in a lower court (General District Court) and you can appeal for any reason to be heard "de novo" (i.e., it all starts over) in the Circuit court.

However, GDC trials are never done with juries. If you ask for a jury trial you'll go direct to the circuit court (and your appeal is the standard one described in my first paragraph). That being said, you're best shot usually is to try the case in GDC with the judge and then appeal for a de novo jury trial in circuit court.

I can guarantee however, no matter what state you are in, at the third offense DUI you really need to have a good lawyer making the case and mitigating the sanctions that may result.

?
((((I am in oregon and my first offense was two days of going off the record..i went to trial in circuit court,,,, I lost...... go for sentencing next month but my lawter was half asleep during the trial for reals .i just want to know can i appeal it based on that?)))you are in virginia?

 

[FlyingRon]

?
((((I am in oregon and my first offense was two days of going off the record..i went to trial in circuit court,,,, I lost...... go for sentencing next month but my lawter was half asleep during the trial for reals .i just want to know can i appeal it based on that?)))you are in virginia?

You lawyer snoozing is NOT grounds for an appeal on it's own. If you have any chance you'll have to have an awake lawyer review what happened during trial to see if there is any basis.

 

[crystal_37]

Agin thank you

yes i think i am going to find a new lawyer on top of everything he was suppost to call today to go over what happened in court and he never did today.i feel like i got a real bad hand delt to me and i have no way out. but i can ask for a new lawyer right