Battle DUI Law Blog

Retaining Your DUI Attorney during Post-Conviction Proceedings

You have been convicted of driving under the influence in a court of law. Or maybe you pled guilty to DUI charges before you even got to court. In both cases, you should still retain the services of your Virginia DUI attorney even though the trial has been completed.

The rights guaranteed to you under the Sixth Amendment of the Constitution extend beyond the point of a criminal conviction. In other words, you still have the right to engage an attorney during any and all post-conviction proceedings.

Sentencing

Often, people are not sentenced on the same day they are found guilty of a Virginia DUI. This means you are permitted to have a Virginia DUI attorney present when the judge or jury imposes punishment for your conviction, even if occurs on a separate day.  

Parole or Probation

If jail time is part of your DUI sentencing, the court may consider granting you parole or probation before you have served your entire sentence. You can request that your DUI lawyer be present at any hearings which are convened to address these issues.

Revocation of Parole or Probation

Conversely, the state can revoke your parole or probation and incarcerate you if it believes that you have violated the conditions of your sentencing arrangement. Again, you can have your Virginia DUI lawyer with you in court to challenge the state's reasons for rescinding your freedom.

Appeal

You also have the right to representation during appellate proceedings. If you believe that the verdict in your DUI case was incorrect or that your rights were violated during your original trial, then you can enlist your lawyer to argue that you are entitled to another trial or deserve to be exonerated.

You can learn more about the advantages of retaining a Virginia DUI attorney by visiting our article library.

Bob Battle's GUARANTEE for DUI Defendants 

Bob Battle is the only DUI lawyer in Virginia to offer a guarantee that could be worth thousands of dollars in free legal representation. Under Virginia law, if you are convicted of DUI in the General District Court, you have a right to appeal and get a new trial in the Circuit Court. Bob Battle guarantees that, if you wish to appeal your case, he will represent you on appeal to the Circuit Court for FREE!

To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.