Under South Carolina law you have a right to appeal any conviction for CDV or any other conviction from our criminal or domestic violence Courts. When you are arrested for CDV you are not actually convicted until you either plead guilty, plead no-contest or are found guilty after a judge or jury trial. A successful appeal may result in either obtaining a new trial, or in a finding of "not-guilty" which will include a complete removal of the CDV arrest from your publically available criminal record.
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Many times when people appear at CDV Court without consulting with a lawyer they are surprised when they learn their first opportunity to tell their side of the story comes during an actual trial - a trial that may last only a few minutes. Once you are convicted, even if you are convicted wrongfully or due to a Court error, you face all the penalties to include a criminal record, gun ban, mandatory counseling, fine or even jail time.
To appeal a CDV conviction it is important that you initiate the process as soon after your Court date as possible. There are strict time limits on your right to file an appeal. This is usually 10 days.
It may be possible to appeal a CDV conviction in the following circumstances:
Where you plead guilty without being fully advised of your rights to a jury trial or an attorney.
When the judge made a mistake or error in applying the law.
If you failed to appear at your original Court date and were tried and convicted in your absence.
If you had a lawyer, public defender or represented yourself during your trial.
You have a right to a CDV appeal regardless of if you were sentenced to classes, a fine or actual jail time. We are also able to be retained by clients who missed or failed to appear at their Court date and were tried in their absence.
Appeals from the CDV Court are taken to the County Courthouse. Once we are retained by a client to appeal their CDV case we immediately file either with the Court to preserve our client's rights. We prepare a written brief and our appellate arguments based on the transcript of your proceeding, the Court's official return and evidence in your case include all witness statements and police reports.
If you would like to implement proceedings to appeal your recent conviction for criminal domestic violence please call our office at (888) 301-6004. We are able to represent clients in appealing a CDV conviction from any Magistrate, Municipal or CDV Court in South Carolina.