An Overview Of Appeals

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An Overview Of Appeals

What is an appeal in court? Appeals of criminal convictions typically involve complex legal issues and a knowledgeable Ohio criminal appeals attorney is crucial to the success of your appeal. Ohio criminal appeals attorney Matthew Bangerter focuses on representing clients facing criminal charges and clients seeking the expungement or an appeal of their conviction. As a skilled Ohio criminal defense attorney, Matthew Bangerter understands the high stakes and complicated legal issues that are involved with a criminal appeal. He uses his vast legal knowledge and his strong persuasive abilities to advocate on your behalf to seek to have your conviction overturned. Read this blog for a detailed overview of court appeals.

If you have been convicted of a crime and wish to appeal the conviction, do not hesitate to contact Ohio criminal defense attorney Matthew Bangerter at (440) 306-3205 to learn more about how he can help you with your criminal appeal.

Exceptional Legal and Forensic Evidence Experience

As a former prosecutor in Lake County, Ohio, criminal defense attorney Matthew Bangerter understands the legal procedures involved with criminal appeals and how to best argue in favor of overturning the conviction. Criminal cases often hinge on the careful analysis of forensic evidence, and Matthew Bangerter’s scientific background gives him an edge when evaluating forensic evidence involved in a criminal case. In fact, he obtained his Bachelor’s Degree in biology and studied molecular genetics and computer programming at graduate school. He is one of very few criminal defense attorneys who has actually cloned his own DNA in a lab. Accordingly, he is well-versed in the scientific evidence involved in various criminal cases and he can discover errors in the presentation of evidence that may have resulted in your conviction.

Types of Criminal Appeals

As a Northeast Ohio criminal appeals attorney, Bangerter represents clients in appeals of criminal convictions involving:

As an experienced Cleveland criminal defense attorney, Matthew Bangerter understands that each client and each case presents unique circumstances. He prides himself on providing individualized client service and personalized attention to each case.

If you have been convicted of a criminal offense, do not hesitate to contact the experienced Cleveland criminal appellate lawyer Matthew Bangerter at (440) 306-3205 to discuss a possible appeal of your conviction. He will carefully analyze the circumstances of your arrest, the evidence collection, and the criminal proceedings in order to ensure that your constitutional rights were upheld. If errors were made, he will seek to have your conviction overturned, evidence excluded, or a new trial conducted.

As a member of the Ohio Bar Association, Lake County Bar Association, Cleveland Metropolitan Bar Association, Cuyahoga Criminal Defense Lawyers Association, the National Association of Criminal Defense Lawyers, and a member of the Board of Directors of the Ohio Association of Criminal Defense Lawyers, he takes his profession as a criminal defense attorney seriously and keeps up to date with the latest case law and trial strategies.

Experienced Ohio criminal appeals attorney Matthew Bangerter will take the time to listen to your case and your legal situation. If you have been convicted of a criminal offense, do not hesitate to contact Ohio criminal defense attorney Matthew Bangerter at (440) 306-3205 or visit our office 4124 Erie Street Willoughby, OH 44094 to discuss a possible appeal of your criminal conviction.

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What Should Someone Do After They Are Arrested For Dui/ovi In Ohio?

Just like in a criminal case, people like to try to help themselves by trying to talk to the police. They will say, for example, “I only had a couple” or “I didn’t drink that many”, but what happens then is that statement “I only had a couple” comes into trial is they admitted to drinking.

It gets subtly shifted and it ends up hurting them. The best thing to do, just like in a criminal case, is just not make any statements without talking to an attorney.

Pleading Guilty Is Not The Best Approach Because You Always Want To Take The Chance To Try To Get A Better Resolution. There Are Many Cases Where You Can Work Out A Reduced Charge, Or Some Lower Punishment.

One Common Resolution To A Case, If It Is A First DUI With No Prior Criminal History, An Attorney Can Have It Reduced To Reckless Operation Or Called A Physical Control Which Is Being In Physical Control Of The Vehicle Under The Influence But Not Actually Driving Which Is No Points On Your License. It Is Not A Moving Violation And It Does Not Affect Insurance The Same Way. It Has A Much Better Result Than A Straight OVI. So You Always Want To At Least Take A Chance To Pursue Those Opportunities.

How Can An Attorney Help In Defending A DUI/OVI Case In Ohio?

The most common one is successive OVIs. Every OVI a person gets is added onto the last one. There is enhanced penalties for multiple OVIs within six years, also multiple OVIs within twenty years and at some point there are enhanced penalties for getting several OVIs in your lifetime.

They get more and more serious under the law, and even with an individual judge if you see that you are getting more OVIs, he is likely to give you a stiffer sentence than the minimum required by law.

Yes they can. There are a couple of basic ovis, one is for having a blood alcohol level below 0.08 or 0.17 and that is determined by a chemical test. If an officer believes that the person is impaired even without that reading, he can charge them with an ovi even if they blew a 0.06 or 0.05 just because he says they are impaired, even though that is a lower limit.

As mentioned earlier, alcohol affects everybody differently, some people may have a low level and feel it more, and some people may have a high level and think that they’re fine. So yes, there are spots where they will get an ovi with less than 0.08.

Do I have a case?

The most common method for testing BAC is a breathalyzer machine, many of which pose significant reliability problems. As an Ohio DUI defense attorney, Matthew Bangerter handles all matters related to the defense of your drunk driving charge, including challenging the reliability of breathalyzer equipment used, appearing in criminal court as your advocate, and negotiating with the prosecution to obtain a reduced sentence. As a skilled Ohio DUI attorney, Matthew Bangerter understands the Ohio drunk driving laws and he will strive to obtain a dismissal or reduction of charges against you, as well as the minimum available penalty. He understands that maintaining your driving privileges is of the utmost importance so he will seek to minimize or avoid any suspension or revocation of your driver’s license.

Ohio DUI Penalties

Ohio has some of the strictest penalties for DUI/OVI in the country. Penalties for DUI/OVI can be severe, even for a first offense. If convicted, you could face license suspension, hefty fines, vehicle disablement, required OVI offender license plates, ignition interlock, and mandatory jail time. If you test over the legal limit or fail to submit to a breath alcohol test you face a mandatory minimum Administrative License Suspension (ALS) unless you correctly appeal the suspension.

Aside from court-mandated penalties, your insurance premiums will likely increase and drunk driving charges can do significant harm to your reputation. Court-imposed driving limitations may also impact your ability to get to and from work as well.

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