If you plead guilty to DUI in New Jersey; how long do you have to file (1) an appeal and (2) a motion? What is involved in each

Ask your own lawyer. Lots of details are needed to fully understand your position. Were you cooerced? Were you threatened? Simply changing you mind later is a weak position from which to make a motion or an appeal. Ask your lawyer.

Can a lawyer reverse a gulty dui plea? Can a lawyer reverse a guilty plea for dui? Can you appeal a dui guilty plea? In municipal court, you have twenty days to appeal. More information and an appeal package can be found at http://www.judiciary.state.nj.us/mcs/appeal.htm. After a plea, one usually only appeals the sentence if you feel it is excessive. If you received something more than the minimum mandatory penalties, you may have a basis to have the sentence reduced depending on the circumstances. Also, if your attorney filed a motion in municipal court (for example, challenging the police officer's right to stop you) and you lost that motion, you may have entered a "conditional plea" as allowed by the Court Rules reserving your right to appeal the outcome of the motion. Having decided that you should not have pleaded guilty and want to try and withdraw that plea, you probably want to file a motion to do so with th municipal court before appealing. However most judges go through a pretty extensive line of questioning to make certain you know what you are doing and are pleading "knowingly and voluntarily". You would probably want to discuss the matter with an attorney as there are grounds to withdraw a plea, but it is not an easy task. Good luck and consult an attorney.

Appeals New Jersey Municipal Court convictions have to be filed within twenty days from the conviction. These Appeals are heard in the Superior County Court. Generally a direct appeal is used to contest a sentence, or a finding after a trial or motion. A Motion to Vacate a Plea, or a Motion to set aside a plea for other grounds (called a Post-Conviction Relief Application) has to be filed within five years of the conviction. This Motion is filed in the Municipal Court where the plea was taken. Whether your case involves a direct appeal to ghe Superior Court, or requires a Motion to Vacate cannot be firmly determined by your post. It looks like a Motion to Vacate would be the appropriate procedure, but without knowing more details (especially whether the plea was made after an unsuccessful Motion), it cannot be precisely pinpointed. A simple change of mind is generally not sufficient grounds to vacate a plea. An experienced New Jersey DWI Lawyer would have to review your entire file, and the court transcripts (a verbatim record of what occurred when you pleaded guilty) to assess the viability of a Motion to Vacate the Plea. By way of example (just a few examples; not a complete list), a guilty plea to a DWI in NJ can be vacated if it was not voluntary (i.e. if it was forced), if you were given inadequate legal counsel, if you failed to give the court a sufficient factual basis for the plea, or if you did not understand the consequences of the plea. Greggory M. Marootian, Esq. New Jersey DWI Lawyer www.newjerseydwi.com www.njdwidefense.com

Mr. Main 'hit the nail on the head'! I agree with his response. Best of luck!