Why should I worry about an appeal?

Why should I worry about an appeal if I just got arrested?
Unfortunately, there are a lot of attorneys who will charge you a very low fee but will not do anything to prepare for your case. Many people are attracted to those lower priced attorneys because a DUI charge is expensive and unexpected. However, that may be a mistake.
Occasionally, those low-priced attorneys will have a case dismissed as the cops will not show up to testify. This is becoming more and more rare as the Honolulu Police Department has received negative press coverage recently. Do you really want to risk your criminal record in hopes that the cops do not show up to court?
Honolulu OVUII attorney Richard L. Holcomb takes a very different approach. We take less cases every month so that we have time to prepare for your case. This preparation is very important to increasing your chance of success in having your OVUII case dismissed.
Primarily, from day one, Mr. Holcomb thinks about an appeal of your matter. Letters go out usually the day you retain Mr. Holcomb. A number of motions are timely filed in the District Court. These motions deal with legal issues that will most likely apply to your case and include:
Discovery motions: This is information that the government is supposed to give your lawyer in criminal cases. In Honolulu, Mr. Holcomb believes that the government provides much less than what you are entitled to under the constitution.
Suppression motions: OVUII cases are almost always warrantless searches and seizures. The Fourth Amendment does not prohibit warrantless searches and seizures. However, when there is no warrant, the State must prove that each seizure, prolonged detention, and search of you is reasonable.
Motions in Limine: These motions address the evidence that the government should or should not be permitted to admit against you.
Most of these motions will be denied in the District Court. Then, you may wonder, why file them? The reason is very important. If your lawyer does not raise legal issues in the District Court and you are convicted, you probably will not be allowed to appeal those issues. The appellate court will likely find that you have waived these issues.
This means that even though the appellate court finds that your conviction should be reversed (or grants you a new trial or even a dismissal), the appellate court will not review your issue and you still lose. It is your lawyer’s duty to preserve those issues in each and every case. Unfortunately, that does not always happen.
There is an old saying that if you think hiring a good lawyer is expensive, try hiring a bad one. It is disturbing to watch people plead guilty or lose at trial with no hope of trial when Mr. Holcomb believes that there are systemic issues with the Honolulu prosecutors that should result in reversal of a great number of OVUII convictions.
Twice before this has happened. In two separate cases in 2009 and 2013, the Hawaii Supreme Court effectively reversed all if not most OVUII cases. However, a number of people who would have had their cases dismissed did not benefit because their lawyer never raised the issue before trial. Don’t get left out in the cold. Hire a competent lawyer to handle your OVUII case.

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