Appeal Attorney in Atlanta
A criminal conviction isn’t the end. Appellate attorney Tyler Conklin has overturned convictions ranging from drug possession to murder — and he may be able to help you too. Contact us today to discuss your case.
What Is an Appeal?
An appeal is a request by the defendant in a criminal case to have an appellate court review the lower court’s decision. This review aims to determine whether there was an at trial that might affect the validity of the judgment. A successful appeal will usually result in a new trial or new sentencing hearing.
In criminal law, an appeal from a judgment of conviction is made by filing either a motion for a new trial or a notice of appeal. The defendant must file one of these two pleadings within 30 days after the judgment has been entered. If a defendant does not file either a motion for a new trial or notice of appeal within 30 days, he or she may lose their right to challenge their conviction.
If you or your loved one was convicted of a crime – either after a trial or by pleading guilty – give us a call today. A conviction is not necessarily the end of a criminal case – there may be a possibility for an appeal.
The appellate process is different from the trial itself, and your representation may need to be different as well. During an appeal, the entire trial record must be thoroughly analyzed, researched, and fully investigated.
This comprehensive review is critical because when appealing a conviction, the defendant and their appellate lawyer must prove that legal errors occurred during the trial that significantly affected the outcome of the case.
We are experienced in the appellate process and have appealed hundreds of convictions to the Georgia Court of Appeals and Georgia Supreme Court.
Trial Preparation Assistance
The typical criminal appeal follows this process:
1. Motion for New Trial
Most appeals start with a hearing in front of the same judge who presided over the trial. The reason for this is that the judge is familiar with the case and has heard all of the evidence presented. After considering any new evidence presented at the hearing and the legal arguments of the parties, the judge will issue a written decision as to whether or not to grant the defendant a new trial.
2. Proceedings in a higher court
After the trial judge makes a decision, in a state case, the losing party can appeal to either the Georgia Court of Appeals or Georgia Supreme Court, depending on the type of case. In the higher court, parties submit written arguments urging the court to either uphold or reverse the trial judge’s decision to grant or deny a new trial. In some cases, oral argument may occur, but no new evidence may be presented.
3. Appellate Opinion
After several months, a panel of appellate judges will release a written opinion. If the court has made a mistake of fact about the case or misapplied the law, the losing party may ask the court to reconsider its decision. Otherwise, the decision becomes final. After the decision is final, a party may attempt to take their case to a higher court. However, at this point in the process, the higher court is usually not required to accept the case.
If you were convicted of a crime and believe you were treated unfairly either by your trial lawyer, the judge, or the prosecutor, you need an experienced attorney to help you challenge your conviction.
Criminal appeal lawyer Tyler Conklin has experience in all aspects of the appellate process and is eager to get justice for you. Contact him today and let his experience work for you.
Sales v. State
Convictions for felony murder, armed robbery, and unlawful possession of a firearm reversed.
Supreme Court of Georgia
Deandre Ross v. State
Reversal of two counts of aggravated assault and two counts of possession of a firearm during the commission of a felony.
Georgia Court of Appeals
State v. Adam
Court allowed Defendant to withdraw his guilty plea to murder.
Trial Court Decisions
Working With an Appeal Attorney in Atlanta
In criminal law cases, unfair judgments or court proceedings are not the end. You have the right to file an appeal, which may redress an unfair conviction or sentence. Working with a skilled appellate attorney will drastically increase the odds of a successful outcome.
Your appellate attorney will identify errors at trial that significantly affected the outcome of your case. The attorney will then bring those errors to the attention of the judges and attempt to convince the court to order a retrial or resentencing.
Your Appeal Attorney in Atlanta, GA
Appeals are an important part of criminal cases. They serve as a vehicle through which a defendant may obtain relief from their conviction. Pursuing an appeal is a challenging process. The Defendant’s legal team must consider all angles of the case in order to persuade the court to reverse the conviction.
Consider working with an experienced Atlanta criminal appeals attorney at Conklin Law who understands the intricacies of the appeals process. Consulting with a skilled criminal appeals lawyer can help you get the best outcome after a difficult criminal conviction.
Conklin Law is also available to assist with other post-detention or post-conviction matters, such as Habeas Corpus or parole, as well as with civil appeals.
How Much Does an Appeal Cost?
Each case is unique. Our fees are determined by several factors including the type of crime, the length of the proceedings, and the availability of other legal remedies. At Conklin Law Firm, we offer flexible fee structures and will craft a payment solution that works for you.