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What Are The Things To Know In An Appeals Process?

Before you decide to Appeal, here are some key things to know in a court appeals process:

What Are The Oral Arguments And When Does That Happen During The Court Appeal’s Process?

The oral argument is after all the briefs are written. The prosecutor and the defense attorney will get a court date to go in front of the panel of three judges, that’s the court of appeals.

The court of appeals have a number of judges but each case is heard by three of them. And both the prosecutor and the defense attorney each have a certain amount of time where they make their pitch in person to that panel of the judges and try to convince them that their side is correct.

What Is An Accelerated Calendar And How Does That Apply In A Court Appeal Process?

There are certain cases that can be heard quicker or maybe need to be heard quicker. One example that comes to mind is any case involving permanently removing children from a parent, certain parental rights can be appealed on what’s called the Accelerated Docket.

Other cases that maybe have limited issues, very short transcripts, or something that doesn’t need much of the court’s time, can be put on this accelerated transcript which has tighter deadlines than a normal appeal and is designed to get the case heard fairly than it normally would be.

If The Court Of Appeals Dismisses An Appeal For Failing To File The Brief, Can Anything Be Done In Those Cases To Save The Appeal?

You can always ask the court for permission to re-open the appeal, say that there were some good or unavoidable reasons to miss that deadline; or you can claim what’s called Ineffective Assistance of Counsel because if an attorney is appointed to a case by a defendant who can’t hire an attorney and if the attorney fails to file his appellate brief and get his case dismissed, then that’s not any fault of the client; certainly it’s ineffective assistance of this counsel or the attorney.

And then obviously that point is right that is violated because he didn’t get his right to an attorney and get his right to appeal. So, another attorney can argue that that was denial of his due process rights and perhaps get that case reopened.

If Someone Files An Appeal, Does That Automatically Stay The Conviction Or The Execution Of Judgment? How Does That Work?

No, it almost never does. You can apply for what’s called an Appellate Bond if it seems like there is a really good issue and you have a good chance of success or there is some irreparable harm, then you can ask the court for an appellate bond so that you could stay out of prison during the appeal.

If they deny, you can also ask the court of appeals for the same thing. But in most cases, if somebody is sentenced to a prison term, for example, they’ll start serving their prison term and the appeal will go while they’re in prison.

What Is The Pre-hearing Conference?

We typically don’t have pre-hearing conferences in criminal cases, at least in my area of the state. But that’s an option especially in civil cases for the parties to sit and talk and give them another chance to negotiate a resolution without going through the court process just like we would do leading up to your trial where the attorneys spend all the time leading up to trial. It’s another chance while waiting appeal to negotiate that. But in criminal cases, we don’t use those often.

If you need information about The Things To Know In A Court Appeals Process, call the Law Office of Matthew Bangerter for an initial consultation at (440) 306-3205 and get the information and legal answers you’re seeking.

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What Should Someone Do After They Are Arrested For Dui/ovi In Ohio?

Just like in a criminal case, people like to try to help themselves by trying to talk to the police. They will say, for example, “I only had a couple” or “I didn’t drink that many”, but what happens then is that statement “I only had a couple” comes into trial is they admitted to drinking.

It gets subtly shifted and it ends up hurting them. The best thing to do, just like in a criminal case, is just not make any statements without talking to an attorney.

Pleading Guilty Is Not The Best Approach Because You Always Want To Take The Chance To Try To Get A Better Resolution. There Are Many Cases Where You Can Work Out A Reduced Charge, Or Some Lower Punishment.

One Common Resolution To A Case, If It Is A First DUI With No Prior Criminal History, An Attorney Can Have It Reduced To Reckless Operation Or Called A Physical Control Which Is Being In Physical Control Of The Vehicle Under The Influence But Not Actually Driving Which Is No Points On Your License. It Is Not A Moving Violation And It Does Not Affect Insurance The Same Way. It Has A Much Better Result Than A Straight OVI. So You Always Want To At Least Take A Chance To Pursue Those Opportunities.

How Can An Attorney Help In Defending A DUI/OVI Case In Ohio?

The most common one is successive OVIs. Every OVI a person gets is added onto the last one. There is enhanced penalties for multiple OVIs within six years, also multiple OVIs within twenty years and at some point there are enhanced penalties for getting several OVIs in your lifetime.

They get more and more serious under the law, and even with an individual judge if you see that you are getting more OVIs, he is likely to give you a stiffer sentence than the minimum required by law.

Yes they can. There are a couple of basic ovis, one is for having a blood alcohol level below 0.08 or 0.17 and that is determined by a chemical test. If an officer believes that the person is impaired even without that reading, he can charge them with an ovi even if they blew a 0.06 or 0.05 just because he says they are impaired, even though that is a lower limit.

As mentioned earlier, alcohol affects everybody differently, some people may have a low level and feel it more, and some people may have a high level and think that they’re fine. So yes, there are spots where they will get an ovi with less than 0.08.

Do I have a case?

The most common method for testing BAC is a breathalyzer machine, many of which pose significant reliability problems. As an Ohio DUI defense attorney, Matthew Bangerter handles all matters related to the defense of your drunk driving charge, including challenging the reliability of breathalyzer equipment used, appearing in criminal court as your advocate, and negotiating with the prosecution to obtain a reduced sentence. As a skilled Ohio DUI attorney, Matthew Bangerter understands the Ohio drunk driving laws and he will strive to obtain a dismissal or reduction of charges against you, as well as the minimum available penalty. He understands that maintaining your driving privileges is of the utmost importance so he will seek to minimize or avoid any suspension or revocation of your driver’s license.

Ohio DUI Penalties

Ohio has some of the strictest penalties for DUI/OVI in the country. Penalties for DUI/OVI can be severe, even for a first offense. If convicted, you could face license suspension, hefty fines, vehicle disablement, required OVI offender license plates, ignition interlock, and mandatory jail time. If you test over the legal limit or fail to submit to a breath alcohol test you face a mandatory minimum Administrative License Suspension (ALS) unless you correctly appeal the suspension.

Aside from court-mandated penalties, your insurance premiums will likely increase and drunk driving charges can do significant harm to your reputation. Court-imposed driving limitations may also impact your ability to get to and from work as well.

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