The criminal appeals process is more complex than it might seem at first glance. A competent Atlanta criminal appeals lawyer may be able to get your conviction overturned for reasons such as improperly gathered evidence or prosecutorial and jury misconduct.
A skilled appellate attorney will carefully frame your case for the judge in a manner that maximizes your chances of success. Here are some important things to consider when choosing an appellate attorney:
Appeals of Convictions
When you file an appeal of a conviction, you are asking an appellate court to review the trial proceedings to determine if there were any errors that may have led to a miscarriage of justice. During an appeal, you do not present new evidence and your Atlanta criminal defense attorney will submit a brief for the justices to review.
While the chances of getting a reversal on an appeal are slim, a skilled appellate attorney could raise legal issues that would be beneficial to your case. For instance, if the court rules that key evidence was inadmissible, they might overturn your verdict and/or reduce your sentence.
In some cases, you might also be able to make an extraordinary motion for a new trial if your attorney discovers fresh evidence like DNA evidence. However, this can only happen in rare situations and your lawyer will need to prepare a strong argument for you in order to have the best chance of success.
Post-Conviction Remedies
A criminal conviction or erroneous plea can be reversed through various methods, including post-conviction proceedings. These proceedings differ from trials in that they are primarily based on written submissions to the court (and occasionally arguments before the judge) and not on testimony or evidence presented to the court. An experienced Georgia criminal appeal attorney can use their deep understanding of the appeals process to frame your case in the best way possible for success.
One of the most common forms of post-conviction relief is a motion for new trial. During this process, our attorneys carefully review the transcripts of your trial in order to find any errors that might support overturning the original decision. We then submit a brief to the justices of your appellate court, and the justices may call your lawyer in for oral argument. The justices will then decide whether to reopen your case and set aside the original verdict or sentence.
Motions for New Trial
Often, the first appeals court action criminal defendants take is to file a motion for new trial. This is an opportunity to argue that something went wrong during the original trial that may have impacted the jury’s verdict or the judge’s sentence.
For example, a judge might have improperly excluded evidence. This is a legal error and a valid reason to file a motion for new trial.
Another possible ground for a new trial motion is ineffective assistance of counsel, which is a legal argument that your lawyer failed to do their job well enough during the original trial. Our Gwinnett County appeals attorneys carefully review transcripts from your trial to look for errors that could provide grounds to file a motion for new trial.
Most appeals are not successful, but an experienced criminal appellate lawyer can give you the best chance of having your conviction overturned. We understand the Georgia criminal justice system and appeals court process, and we will work diligently to get your case overturned.
Motions for Writ of Habeas Corpus
In some jurisdictions, the writ of habeas corpus is used to challenge unlawful imprisonment by requiring authorities to provide a legal reason for detention. The writ may also be used to challenge other forms of unlawful state action. This type of challenge can be filed in both state and federal courts, although the requirements are different.
During the appeals process, our attorneys can file a brief to the appellate court explaining why the original trial judge’s decision should be reversed. This is one of the most important steps in the process. A successful brief can convince the appellate judges to overturn the original ruling. The reasons for overturning the ruling can include serious errors made at the trial level, ineffective assistance of counsel and lack of sufficient evidence to support the verdict. Our Criminal Appeal Lawyers in Georgia can thoroughly examine all of the details in your case to determine if there are grounds for a successful appeal.