Experienced and Knowledgeable DUI / OVUII Appeals Lawyer Located in Honolulu Hawaii
Appellate practice is a very important aspect to Honolulu OVUII / DUI and/or criminal practice. You have thirty days after a conviction (or ADLRO revocation) to file an appeal. Honolulu DUI and criminal appeals attorney Richard L. Holcomb encourages all clients, with very limited exceptions, who have received unfavorable decisions either in court or in the administrative driver’s license revocation hearing (ADLRO) to file appeals. An appeal can not only win your case, but also change the law for the better for all Hawaii and American citizens. Indeed, appellate decisions are what create the law.
Appeals really can make a difference. For example, most states did not provide defense lawyers to indigent (poor) criminal defendants until Gideon v. Wainwright was decided. For those interested, Gideon’s Trumpet is a remarkable inspirational read. Basically, Mr. Gideon was an inmate who was convicted without a lawyer. With very limited knowledge and resources, Mr. Gideon filed appeals (which were basically just letters) all the way up the United States Supreme Court. Ultimately, the United States Supreme Court held that criminal defendants are entitled to have the government provide a lawyer to defend them. Now we take Public Defenders and court-appointed lawyers for granted. This case illustrates the power of appeals and the difference that one persistent person can make, regardless of their socio-economic background or role in society.
A Strategic Defense to Fight Tough DUI Cases in Honolulu Hawaii
Appeals have had huge impacts on Honolulu and Hawaii DUI cases. For example, in November 2009, the Hawaii Supreme Court issued an opinion that resulted in the dismissal of approximately 1500 Hawaii DUI / OVUII cases. In April of 2012, the Hawaii Supreme Court issued another opinion that, at the time of this writing, is expected to result in the dismissal of a comparable number of DUI’s in Hawaii and, particularly, in Honolulu. Mr. Holcomb won a significant Hawaii Supreme Court case in April 2012 that will also have a lasting impact and, hopefully, prevent the knee-jerk holdings of Honolulu District Court judges who dismiss cases without prejudice – leaving room for the State to re-file the charge against a Defendant – without regard to the facts of the particular case.
Contact a Skilled DUI / OVUII Defense Attorney to help with your HI DUI Charge.
The problem with appeals is that you must raise most issues at or before the trial proceedings. Otherwise, the appellate courts, even if they agree with your issue, will hold that you have waived it. Accordingly, you need a lawyer like Honolulu DUI / OVUII attorney Richard L. Holcomb who has already planned your appeal and will continue to do so as your case progresses. The worst thing that can happen is for an appellate court to acknowledge that your conviction should be overturned, however, because your inept lawyer did not say “we object,” you still lose.