Columbia DUI Appeal Lawyer
South Carolina DUI Appellate Attorney
If you have been convicted of Driving Under the Influence (DUI), Driving with an Unlawful Alcohol Content (DUAC) or any other traffic or criminal offense in South Carolina you have a right to an appeal. The Law Office of James R. Snell, Jr., LLC, represents clients in appeals from cases decided in any Magistrate, Municipal, Traffic or other Criminal Court in South Carolina. Appointments are scheduled with our office by calling (888) 301-6004.
We are able to represent clients who are appealing their cases from any county located in South Carolina.
Appeals can be taken anytime there is a conviction. Convictions occur when someone pleads guilty, pleads no contest or is found guilty after either a bench (judge only) or jury trial. In order to file an appeal you must begin the process within ten days.
An appeal is a request to a higher court to evaluate the original judge's legal rulings. This may involve denials of pre-trial motions to dismiss, objections or other motions made during the trial, instructions given to the jury or application of South Carolina laws concerning criminal procedure, evidence, criminal or DUI law. We are able to assist those with an appeal who were either unrepresented during their DUI case or who were represented by another law office. The end result of an appeal may be either a dismissal or the conviction, or a right to a new trial.
Why Consider a DUI Appeal?
If you have been convicted of any DUI or other serious traffic offense the penalties can be substantial. In addition to the fines for a first time DUI conviction (which can include a fine of over $2,000), there are other penalties. They include:
- Mandatory License Suspension
- Possible Job Loss
- SR-22 & High Insurance Rates
- Mandatory Alcohol Counseling
- Publically Viewable Lifetime Criminal Record
- Possible Jail Sentence
- Loss of Full International Travel Rights
- Potential for Increased Penalties for Future DUI
If you have been convicted, after any guilty plea, no contest plea or trial the only way to avoid these penalties is to obtain relief through an appeal or other post-trial Court order.
No Cost Initial DUI Appeal Consultations
To start your DUI appeal contact our office as soon as possible after the date of the conviction. – there are strict time limits that apply and if missed you will lose your right to the appellate process. When you come for your appointment we would ask that you bring a copy of all paperwork you have related to your case. At your first appointment you will have an opportunity to explain the circumstances of your case to an attorney who will discuss with you the possible grounds to support your appeal. Appeals are generally handled on a fixed fee basis. The amount of the fee will be discussed with you up front and we enter into a written representation agreement prior to services beginning. We represent clients in appeals for all DUI offenses including felony DUI convictions.
There is no cost for an initial consultation about your case at our office in downtown Lexington, South Carolina. Fee based initial consultations are available for those unable to travel to our office. To schedule your consultation with a DUI Appeal Attorney call us at (888) 301-6004.
Appeals from DUI 1st Convictions
If you have been convicted of DUI 1st in any Summary Court (Magistrate, Municipal, Traffic and DUI Courts are all considered Summary Courts), the first level of appeal will be taken to the Circuit Court level.
We will begin your DUI appeal by drafting and filing a Notice and Grounds for Appeal with the original court as well as at the county courthouse. If available we will order a transcript of the original proceeding. The original judge will prepare a document entitled a Return providing an explanation of your case and the legal rulings we referenced in our Notice and Grounds for Appeal. We will then prepare a written memorandum or brief setting forth the factual and legal basis for the appeal. There will be a hearing in front of a Circuit Judge (not a Magistrate) at the County Courthouse. After that hearing you will receive a written decision on your appeal.
Either the defendant or the prosecution has a right to appeal the decision of the Circuit Court. The next level of appeal will be taken to the South Carolina Court of Appeals located in Columbia. There the case will be assigned to a multiple judge panel. Briefs will be submitted by both the Defendant and the State. Here the case may be decided with or without a hearing.
About Our Office
The Law Office of James R. Snell, Jr., LLC, was founded and is managed by criminal defense attorney James Snell. Mr. Snell has represented clients charged with both misdemeanor and felony DUI crimes, including on appeals to the Circuit as well as State level appellate Courts. Mr. Snell is a member of the South Carolina Association for Justice and the South Carolina Association of Criminal Defense Lawyers.
Contact a South Carolina Appeal Attorney Today
To begin the process of appealing your DUI or any other criminal conviction contact the Law Office of James R. Snell, Jr., LLC, today at (888) 301-6004. Although no attorney can ever make any promises or guarantees about the outcome of any criminal case, including a DUI Appeal, we believe that a potential appeal, including a review of the record along with up to date legal research is always appropriate for anyone convicted of a serious criminal offense.