In Georgia, criminal convictions and sentences can be appealed if there were errors during the trial that influenced the original court’s decision. To successfully challenge a ruling, you need an attorney who is familiar with the system and can develop a persuasive brief.
Appeals are complicated and require strict deadlines and filing requirements. A successful appeal can result in a reversal or sending the case back for a new trial.
Representation at the trial
If you have been convicted of a criminal offense in Georgia, you have the right to appeal the conviction in court. The appeals process is complex and requires a criminal attorney with extensive experience. A qualified criminal appeals lawyers in Georgia can help you get your conviction overturned.
A successful appeal depends on a number of factors. First, the appeals lawyer must demonstrate that the trial court made a significant error during the original trial. The error must have had a substantial impact on the outcome of the trial. This includes serious errors of law, abuse of discretion, ineffective counsel, and improper jury and prosecutor conduct.
During the appeals process, the criminal attorney will submit briefs to the appellate court. These briefs must include a transcript of the original trial and an enumeration of the errors that the attorney wishes to address on the appeal. The court will then review the briefs and decide whether to reverse the original decision.
Representation at the appeals court
An appeal is the process of asking a higher court to review and reverse or modify a lower court’s decision. The party filing the appeal is known as the appellant, and they must have a strong legal argument for why their conviction should be overturned or modified.
During the appeals court proceedings, a panel of judges or justices listen to oral arguments and examine the original trial’s documentation. They will then make a decision and issue a written opinion within several months.
The appeals court will only reverse or modify the original decision if it finds that there was a substantial error made by the trial judge, or that there is new evidence that should have been introduced at trial. In some cases, the court may decide to dismiss the case altogether.
Criminal lawyers in Atlanta are experienced in the criminal appeals court system and understand how to effectively argue on your behalf. A lawyer can help you determine whether your conviction should be overturned and prepare a compelling brief for the appellate court to review.
Representation at the sentencing hearing
An Atlanta criminal appeals attorney can help you explore options for challenging your conviction. While a successful appeal does not guarantee your release from prison, it can significantly reduce the length of your sentence. Your lawyer can review everything that occurred during your trial to determine whether you have grounds for an appeal.
When you file an appeal, you ask a higher court to review the original trial court’s decision. The justices do not look at the guilt or innocence of the defendant, but rather whether any egregious errors happened that affected the outcome of your case. Examples of such errors include rulings by judges on evidence or jury instructions, prosecutorial misconduct, and juror misbehavior.
You can also file a motion for a new trial. This is when the judge can consider previously unobtained evidence to change the direction of your case. However, this is rarely granted. Instead, the judge will likely retry your case or impose a new sentence.
Representation at the post-conviction hearing
Your fight against a conviction does not have to end once you are convicted. The law allows for a variety of post-conviction relief, including filing an appeal and a writ of habeas corpus. During an appeal, you ask appellate court justices to review the original trial judge’s decision and decide whether there were any serious legal errors that influenced its outcome.
The defendant files the notice of appeal (also called a pleading or motion) within 30 days of the lower court’s decision. The person submitting the appeal is referred to as the appellant or petitioner.
Once the appeal is filed, the clerk of court sends the entire case file to the appellate court. The clerk also prepares a transcript of what happened in the trial, which is known as the “record.” The appellate court reviews the record and briefs from the defense and prosecution. It is possible to win a criminal appeal in Georgia by proving that there was a substantial error during your trial or sentencing.