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The judge convicted me of driving under the influence of alcohol. I don't believe it was fair so how do I get that dismissed and a new trial where the jury can decide. Doesn't every American have the right to a trial? Was it legal for the judge to just convict me like that?
5 ANSWERS
In Washington D.C., you only have the right to a jury trial where the penalty on a particular charge is potentially greater than 180 days in jail or when the total time from all charges in a case is greater than 2 years in jail. This is the federal standard. So you can make a motion for new trial, but will not get a jury in the second DUI trial.
Answered on Mar 25th, 2013 at 8:01 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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how do I get that dismissed? You don't. You could file a motion to set aside the plea and conviction, or file an appeal, if timely and you have proper legal and factual grounds to support those, and are willing to hire counsel to do so. You apparently plead guilty or no contest in a plea bargain or in a submission to the court. You had to have waived you right to trial and other Constitutional protections as part of that process.
Answered on Mar 25th, 2013 at 1:32 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If you were charged with either a misdemeanor or a felony, somewhere during the process, either you or your attorney waived your right to a jury trial. If you were charged with an infraction, there is not right to a jury trial.
Answered on Mar 25th, 2013 at 1:16 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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I don't know why you did not have a jury trial. The judge cannot just convict you without a plea of no contest or guilty.
Answered on Mar 24th, 2013 at 10:23 PM
Criminal Defense Attorney serving Fullerton, CA
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The Law Offices of John W. Bussman
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You requested a bench trial and lost? That was your trial. You don't get a new one just because you lost. You had a right to jury trial, but you waived it.
Answered on Mar 24th, 2013 at 8:18 PM