subject: When To Appeal After Maine OUI Conviction [print this page] The entire OUI, operating under the influence of alcohol and/or drugs, process can be very confusing. Without the help of an experienced OUI attorney in Maine, you can feel overwhelmed very quickly, leading to decisions that can be very costlyin more ways than onein the long run. For that reason, it is important to use all of your resources, including retaining the services of an attorney with knowledge regarding Maine OUI law, in order to build the most effective defense in your particular case.
One of the toughest decisions that you will need to make, with the help of your attorney, is whether or not your case warrants an appeal. An appeal is not guaranteed just because you want one, and so it is important to understand the circumstances that could prevent or help your chance of winning an appeal. Remember that being granted an appeal will not change your situation or conviction per se; it is just the first step.
Your attorney will likely examine the circumstances surrounding your individual case and make a decision whether it calls for an appeal. While you do have some say in this decision, most people choose to rely on their attorney's opinion, especially when he/she has extensive experience in dealing with OUI cases. It is often advisable to learn to deal with the consequences rather than wasting your time, energy, and resources on an appeal that will likely be lost, if granted at all.
If the situation calls for an appeal, it will likely be based on one or more of several common reasons. First, the evidence may have changed drastically since the conviction. This may come in the form of a witness recanting a statement, test results being proved as faulty, or some other manner. While you will not be able to present the evidence during the appeal, it may cause the appellate judge to allow a retrial.
Next, you may not have been fairly represented by your attorney in court. This is more often a perceived circumstance instead of an actual one, and even public OUI defenders often strive to exonerate or decrease the punishment of every individual that they defend. If you believe that this is the case for you, it is important to contact another attorney as soon as possible to discuss the appeal.
Finally, there may have been some bias in your case that prevented you from being justly convicted of OUI. It could be on the part of the judge, a witness, the arresting officer, an expert in the case, someone who influences the evidence (such as a laboratory scientist), a member of the jury, the prosecuting attorney, or someone else. Irrefutable evidence of bias often results in the appeal being heard, and sometimes even granted.
This information is provided solely for informational purposes and does not constitute legal advice.
