DUI Appeals

APPEALING a Drunk Driving Conviction

In some cases, your lawyer has done everything possible but the jury returns a verdict of guilty. You may want to consider appealing the conviction.

The judge in an OUI case or any criminal case may not always be correct. A defense attorney may correctly argue that a motion should be allowed, but if the judge denies the motion the defendant is forced to have the ruling overturned on appeal. Sometimes winning a OUI case involves going through a long court process.

  • Procedure for Filing an Appeal in an OUI case

In any Massachusetts criminal case after a verdict after trial, a defendant has the right to appeal the decision of the trial judge. The notice of appeal must be filed with 30 days of the judgment to preserve the right of appeal, through there is a process to allow for a late notice of appeal.

An appeal is a chance to undo errors that may occur at trial. A trial judge may incorrectly deny a motion to suppress, improperly admit evidence at trial or allow a case to proceed to the jury where there is insufficient evidence to support the conviction. All of these issues can be possible issues to raise on appeal. Procedures for pursing an appeal : An appeal is a process that requires a recreation of the record at trial.

1st step in the appellate process: order the trial transcript

2nd step: review the record of the trial for errors of law and appellate issues based on the case law.

3rd step: determine whether a direct appeal or motion for new trial is the most effective avenue to take in the case.

In some cases, an issue of appeal may be the effectiveness of the trial counsel. If trial counsel is found ineffective at trial, a defendant may receive a new trial.

Post trial issues: Other issues that could arise after a conviction or post conviction is newly discovered evidence. If evidence is discovered after the trial that was unknown and could not have been known, a defendant may be able to file a motion for new trial based on this newly discovered evidence.

Attorney DelSignore frequently represents individuals throughout Massachusetts on criminal appeals and has appeared numerous times before the Massachusetts Appeals Court, arguing criminal appeals. Attorney DelSignore will gladly explain the appellate process and answer your questions regarding your right to appeal your criminal conviction.

Client Reviews
★★★★★
Michael was very professional and explained the process clearly and told us to be patient. After one year the charges got dismissed in the trial. Excellent knowledge of the court systems in the area of Boston. Would highly recommend him
★★★★★
A careless decision on my part left me facing charges which would have severely hampered my ability to stay employed and support myself. But attorney DelSignore's skillful analysis and challenging of the evidence against me resulted in a conviction on a lesser charge. Now I'll be able to go on with my life, having learned a lesson I'll never forget. Thank you, Michael. Scott
★★★★★
Mike stuck with my case for 3.5 years and always kept me informed regarding the status. Ultimately, because of his due diligence, we ended up with an OUI not guilty verdict. This case could have gone many ways but his thorough review of the case and exceptional preparedness for trial ultimately drove a positive outcome. Thank you Mike! David
★★★★★
Michael DelSignore did an amazing job with my case! Either him or his partner Julie was always available to answer any questions I had and helped walked me through the entire process. I could not have done it without them! I highly recommend choosing this law firm to deal with your legal needs, you will not be dissatisfied. Ashley
★★★★★
I cannot express the gratitude towards both Michael and Julie for their amazing work and help. It was a very stressful event and they certainly put me at as much ease as possible. From start to finish it took 14 months and all the way through they were both very engaged with me. Today was worth the wait, Michael was great in court and I was rightfully found not guilty. I would recommend Michael and Julie over and over again. Claire
Contact Us for a Free Consultation
(508) 455-4755(781) 686-5924