Should we appeal?

Sep 30th, 2006, 07:36 PM

This is a rather long story, my husband received a 3rd DUI in 10 yrs in 2004, but due to the officer being in Iraq it was dropped until this year. They brought it back up for him to face charges earlier this year. On the DUI (we live in VA) he only blew a .05% so the court appointed lawyer told him he would not be convicted. Well they went to court and the prosectuion witness was not there so it was continued, my husband who works for a moving company unfortunately missed the next court date due to the truck breaking down and couldn't get back, so they charged him w/Failure to Appear, and both were considered felonies due to being 3rd dui. When he got back he turned himself in, and ended up spending 13 days in jail before he was released again on a bond. We went back to court Thursday at which time he was found not guilty on the DUI, but guilty of the FTA. The judge sentenced him to 2 years in prison, all suspended except 90 days in jail. The lawyer said it would be useless to appeal, but several of the sheriffs in the jail, said that he should have appealed it. What do you think? Any advise would be appreciated.

Oct 1st, 2006, 11:23 AM

Appeals are tough to win but if you have the resources normally worth a try in our opinion. Counsel might also consider a motion to reconsider and attempt to reduce the jail time etc. if you can show great hardship, loss of employment etc.

Our attorneys could also become directly involved, though we normally do charge a fee for that.

Kind regards.

Beth Barton

WORLD Law Direct
http://worldlawdirect.com

Sep 30th, 2006, 07:36 PM	#1
Unregistered Posts: n/a	Should we appeal? This is a rather long story, my husband received a 3rd DUI in 10 yrs in 2004, but due to the officer being in Iraq it was dropped until this year. They brought it back up for him to face charges earlier this year. On the DUI (we live in VA) he only blew a .05% so the court appointed lawyer told him he would not be convicted. Well they went to court and the prosectuion witness was not there so it was continued, my husband who works for a moving company unfortunately missed the next court date due to the truck breaking down and couldn't get back, so they charged him w/Failure to Appear, and both were considered felonies due to being 3rd dui. When he got back he turned himself in, and ended up spending 13 days in jail before he was released again on a bond. We went back to court Thursday at which time he was found not guilty on the DUI, but guilty of the FTA. The judge sentenced him to 2 years in prison, all suspended except 90 days in jail. The lawyer said it would be useless to appeal, but several of the sheriffs in the jail, said that he should have appealed it. What do you think? Any advise would be appreciated.

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Oct 1st, 2006, 11:23 AM	#2
Unregistered Posts: n/a	Appeals are tough to win but if you have the resources normally worth a try in our opinion. Counsel might also consider a motion to reconsider and attempt to reduce the jail time etc. if you can show great hardship, loss of employment etc. Our attorneys could also become directly involved, though we normally do charge a fee for that. Kind regards. Beth Barton WORLD Law Direct http://worldlawdirect.com