QUESTION

Can I appeal a DUI sentence?

Asked on Jan 15th, 2013 on DUI/DWI - Utah
More details to this question:
I don't know the sentence yet. I am waiting for the judge to decide but I am wondering if when he gives it, is that final or can that be appealed?
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7 ANSWERS

Michael J. Breczinski
It can be appealed but unless the judge goes out of bounds you will probably lose.
Answered on Jan 17th, 2013 at 10:39 PM

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Criminal Defense Attorney serving Moses Lake, WA
Partner at Patrick O. Earl
3 Awards
If you plead guilty to the DUI case then you can't appeal the sentence. If you were found guilty after a trial then yes you can and should appeal.
Answered on Jan 16th, 2013 at 7:19 PM

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Drug Charges Attorney serving Houston, TX at Cynthia Henley
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If you pled guilty to the judge, you can appeal but there is no basis for it as long as the judge sentences you within the range of punishment that is allowed.
Answered on Jan 15th, 2013 at 2:58 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Very, very difficult. What you need is an attorney and to defend yourself on the original charge.
Answered on Jan 15th, 2013 at 2:57 PM

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Criminal Defense Attorney serving Brighton, MI at The Law Office of Steven M. Dodge, PLLC
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Yes, you can appeal your sentence to the Circuit Court.
Answered on Jan 15th, 2013 at 2:57 PM

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If you plead not guilty, you have the right to appeal. If you plead guilty and then file an application for leave to appeal, the higher court can decided to not hear your appeal. Make sure that you file your appeal within the required time.
Answered on Jan 15th, 2013 at 2:56 PM

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Criminal Law Defense Attorney serving St. George, UT at Edward D. Flint Attorney at Law
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If you are in a Justice Court, you can appeal the conviction and sentence to the District Court for a new trial, but the probationary requirements and punishment stay in place on DUI cases.
Answered on Jan 15th, 2013 at 2:56 PM

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