If you have been convicted of a crime in Georgia, you have the right to appeal the decision. The process is complex, and it takes a great deal of research and skill to successfully argue your case. That is why you need help from a criminal appeal attorney in Georgia who is familiar with the system and can develop a compelling argument on your behalf.
Backed by more than two decades of experience providing legal counsel to individuals involved in criminal trials, we know how to develop effective briefs. We understand that a conviction can profoundly affect your life, which is why we can work toward getting the trial court’s judgment overturned. Our Georgia criminal appeals attorney is ready to deliver the legal help you need.
Request your free consultation by calling The Abt Law Firm, LLC at (770) 977-6105 or contacting us online today.
What Is a Criminal Appeal?
A criminal appeal is a formal request for a higher court (called an appellate court) to review a lower court's decision for legal errors that may have affected the verdict. It is not a retrial. The appellate court evaluates the trial record to determine whether your rights were violated or the law was misapplied.
How the Criminal Appeal Process Works in Georgia
Depending on your circumstances, your conviction does not have to mean the end of your criminal case. You can file an appeal to request appellate court justices to review the original trial court document. It’s important to note that an appeal is not a new trial (although it may result in such). The justices are not concerned with your guilt or innocence of the alleged offense in Georgia. Rather, their duty is to determine whether any egregious legal errors occurred at trial that may have substantially affected the outcome of your case.
Thus, when you appeal your conviction, you do not present new evidence. Working with your Georgia criminal defense attorney, you submit a written statement (referred to as a brief), arguing that a mistake was made during your trial. The justices might call your lawyer in for oral arguments to provide clarification for assertions made in your brief. Note that the prosecutor from your original trial will also submit a brief and will present arguments in front of the justices if required.
When You Should Consider Appealing a Criminal Conviction
A conviction in Georgia can’t be appealed just because the defendant is unhappy with the outcome. They must have justifiable, legal reasons for pursuing this option.
Possible grounds for appeals in Georgia include, but are not limited to:
- Insufficient evidence: The prosecutor must prove beyond a reasonable doubt that the defendant committed the alleged offense. Their assertions and the jury’s decision must be based on evidence. However, if a conviction arises from testimonies, documents, or other items that do not sufficiently support the allegation, the defendant may have a reason to appeal the decision.
- Prosecutor misconduct: Anyone involved in the legal process for a criminal case, including the prosecutor, must abide by certain rules and laws. If the prosecutor acts unethically, such as by intimidating witnesses, the defendant may raise that on appeal.
- Juror misconduct: If any juror engages in conduct that violates court rules and instructions, like speaking with others about the case, their actions may be grounds for appeal.
- Ineffective assistance of counsel: If the defendant’s attorney did something that was below the standard of legal representation, meaning a competent lawyer wouldn’t have acted the same way in similar circumstances, the defendant could point to that as a reason for their conviction.
At The Abt Law Firm, LLC, our criminal appeals attorneys in Georgia, will examine your case to determine what grounds can be raised for your appeal.
Types of Appeals in Georgia Criminal Cases
Direct Appeals
Filed shortly after a conviction, a direct appeal asks the appellate court to reverse or modify the lower court’s decision based on legal errors. These are based solely on the trial record.
Post-Conviction Appeals (Collateral Attacks)
If a direct appeal fails, you may still seek relief through motions for a new trial, habeas corpus petitions, or other post-conviction remedies. These may introduce new evidence or claims of constitutional violations.
What Happens After an Appeal is Granted
After the appellate justices hear your arguments and those of the prosecutor, they will determine the next course of action in your case. If they do not decide in your favor, your conviction will stand.
However, if you win your criminal appeal, either of the following outcomes may occur:
- Offer remedies for errors and send the case back for a new trial with the corrections.
- Reverse the conviction and either enter a new judgment or send the case back to the trial court.
Schedule Your Free Consultation Today
At The Abt Law Firm, LLC, we are proud to offer superior legal service to individuals throughout Georgia. We know a trial court’s decision is not the final word in your case. Our Georgia criminal appeals lawyer has extensive experience, and we are skilled at writing and presenting cogent arguments to appellate courts.
At Abt Law Firm, LLC, our Georgia appeal attorneys have handled numerous motions for new trials, writs of habeas corpus, and direct appeals of cases throughout Georgia. Mr. Abt has filed appeals all the way to the Georgia Supreme Court in many types of cases, including, but not limited to, murder convictions. It is possible, in such instances, to obtain a new trial or a reversal of the trial court and win the freedom of your loved one. Reach out to our firm to discuss your situation with our Georgia criminal appeals lawyers.
When you work with us, we will review relevant case law and examine every detail of the original court record to develop a persuasive brief on your behalf, working toward getting your conviction reversed.
To discuss your case with a member of our experienced team, call us at (770) 977-6105 or contact us online.
FAQs About Georgia Criminal Appeals
Can you appeal a jury verdict in a criminal case?
Yes, if there are valid legal grounds—such as juror bias, misapplication of the law, or insufficient evidence—you can appeal a jury’s verdict.
How many times can you appeal a criminal case?
You typically get one direct appeal. If unsuccessful, you may still pursue post-conviction relief, such as a habeas corpus petition.
What is an appellate court?
An appellate court is a higher-level court that reviews decisions made by trial courts. It does not retry cases but checks for legal errors.
Can you always appeal a court decision?
No. You must have legal grounds to appeal. Disagreeing with the outcome alone is not enough.
Can you appeal a conviction years later?
In most cases, direct appeals must be filed within 30 days. However, some post-conviction remedies like habeas corpus may still be available years later, depending on the circumstances.
