How Is A Decision Reached?

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What Happens Once An Appeal Is Filed? How Is A Decision Reached?

Once An Appeal Is Filed, How Does a Court Appeal Work? Who Actually Reviews The Appeal?

After the defendant has filed his or her brief, then the prosecutor will have a chance to respond to file their own brief. And the people reviewing it are actually those three judges.

They will read the briefs and they will listen to the oral arguments when we get in front of them and then based on the briefs and oral arguments, they will do their own research and the three of them will vote on a decision basically.

So, if you get two votes, then you win the case; so you need 2 out of 3 to win.

Is That The Majority Dissenting And Concurring Opinion?

Exactly, right. If one judge disagrees, they may write their own opinion saying why they disagree with the other two judges.

What Are Some Factors That Lead To An Appellate Court Reversing A Decision?

It’s almost always because of some issues that led to an unfair trial, some sort of evidence that shouldn’t come in or some sort of procedural defects. It’s almost never second guessing a jury.

The judges will typically say that the jury heard all of the evidence and they made their decision, they don’t like to go contrary to that. But if there is an error getting that evidence in front of the jury, then they’re more likely to say that the trial was unfair and turn that back.

If Someone Loses Their Case, What Is The Next Step? Is It Okay To Appeal Again?

Yes. If they lose in the appellate court, then you can apply to the Ohio Supreme Court for the appeal. But the issue there is everybody gets an appeal, every criminal defendant gets an appeal in the appellate court.

That’s not the case for the Ohio Supreme Court, so you have to apply to the Ohio Supreme Court and ask them to hear your appeal again, and they can decide whether to hear it or not. And if they don’t hear it, then you’re basically done there.

You can apply to maybe federal court or the Supreme Court of Ohio, but we’re talking major long shots now. So, in most cases, if you apply at the Ohio Supreme Court and they decline it, then that’s the end of the road for that case.

That’s pretty much your last opportunity to make an appeal.

Would Someone Remain In Jail Or Prison During Their Appeal Process?


How Long Does The First Appeal Typically Take?

Typically, it’s several months to a year and more. The notice usually gets filed in just under a month after the sentencing. The court reporter will then have 40 days to prepare the transcript and submit it to the court and for the defense attorneys to review.

The defendant’s attorney has, to start with, 20 days to file their brief but they almost always get an extension because by the time you read through these transcripts and write the paper, it’ll take a little longer than that. So, say a month, two months for the defense attorney to get the brief filed.

The same will be through this prosecutor after that, so that’s another month or two months. Then, depending on the court, it could be another few months or more before you get a court date for the oral argument and then once you have that oral argument, it’s another few months before the court releases a decision. It’s not a quick process at all.

If you need information about how does a court appeal work, call the Law Office of Matthew Bangerter or visit our office 4124 Erie Street Willoughby, OH 44094 for an initial consultation at (440) 306-3205 and get the information and legal answers you’re seeking.

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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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