Appeals

Few things are as devastating as going to court and losing your case, especially if you have been wrongly convicted. If you have been unjustly convicted or sentenced then you need an experienced appeals attorney, someone who can get your decision reversed. A good appellate lawyer needs an intimate knowledge of the Appellate Court on both the federal and state level, so they know how to utilize the appellate process, habeas corpus petitions, and motions for sentence modification to get you the results you want.

Being convicted of a crime does not mean that your fight has to be over. You are entitled to appeal your conviction, as long as your attorney is prompt in filing a notice of appeal and an appellate brief, where they argue your reasons for an appeal. Be aware that you are allowed to appeal your case even if you plead guilty or no contest, provided you did not waive that right as part of your plea bargain. However, your chances of having your request accepted are more limited than they would be had you not pled guilty or no contest to your charges.

Our legal team has spent years fighting for our client’s rights in the Appellate Court system and winning appeals. We can guide you through the appeals process and answer any questions you may have. Call us today to set up a free consultation with one of our expert criminal defense attorneys.

Our legal team can handle most types of appeals, but we find that the following types come up the most often:

Habeas Petitions: A writ of habeas corpus (meaning "to produce the body") is a court order that allows imprisoned people or those acting on their behalf to challenge the reasons for their imprisonment. This requires filing a petition demonstrating that the defendant was imprisoned unlawfully; therefore, continuing to hold them would be illegal. A habeas petition can be based on legal or factual errors.

State and Federal Criminal Appeals: All citizens of the United States have a right to appeal their criminal case if you feel their conviction was due to a significant error in their original trial. Most appeals are decided in the Georgia Court of Appeals. However, capital cases are always appealed at the federal level, in the federal appellate court. In most cases, the appeal will be tried by a panel of three judges, although some cases call for a larger panel of judges - this is known as an en banc hearing.

In most cases, the appellate court will have the final word on your case, unless it sends the case back to the trial court for additional proceedings, or the parties ask the Supreme Court to review the case. This is why you want an experienced criminal defense lawyer on your side during the process.

It all depends upon which court heard the initial case. For instance, if the original case was heard in a Georgia State Court then the appeal will be heard in the Georgia Court of Appeals or the Georgia Supreme Court. Sometimes in state cases with Habeas petitions, a case will be heard in a federal court on appeal, but federal cases are never appealed to the state level.

Not usually. An appellate court can only consider legal issues, such as mistakes, that might have been made by the lawyers or the judge. To argue your case and present new evidence the Appellate Court will have to grant you a new trial due to errors committed in the lower courts