The Ultimate Guide to Atlanta Federal Appeals Lawyers
Atlanta federal appeals lawyers at Conklin Law provide experienced counsel and representation to parties in the appellate courts. Learn more here.
Experienced Atlanta Criminal Appeals Attorneys
An appeals process is a means of correcting a wrongful decision made by a lower court. With the assistance of experienced Atlanta criminal defense lawyers, you can rectify any errors in a lower court’s decision
The lower court’s decision could be vacated with the proper legal representation. An appellate court may also impose a modified sentence. Achieving either of these results in both situations can be difficult.
Federal appellate law and procedure are complex. There are strict deadlines for filing an appeal, and the success of an appeal depends heavily on the appellate attorney’s ability to handle the case.
Conklin Law Firm can assist you with your federal criminal or civil appeal. Our criminal appeals lawyers are experienced in all levels of appeals, including the United States Supreme Court.
We will review the record, provide an analysis, and identify potential issues to challenge the criminal conviction. We will also review the trial court record for any errors that could be used to overturn a criminal sentence or judgment.
How Does the Federal Appellate Court Process Work?
The circuit courts hear appeals from federal district courts. The Eleventh Circuit Court of Appeals hears appeals from Georgia’s federal district courts. The Eleventh Circuit also hears appeals from district courts in Florida and Alabama.
The appellate procedure begins with your lawyer filing for an appeal. This must be done in the district court within 14 days of the judgment. Following this, your appellate lawyers will prepare a brief arguing the merits of any legal errors in your case.
Although the oral argument may be heard, it is the written argument that, in many cases, forms the entirety of your appeal. This written argument will detail any errors made by the lower court.
Finally, the Court of Appeals, consisting of three federally appointed judges assigned to each case, will review your case and decide.
Possible Outcomes
There are three possible outcomes of the case of an appeal: an affirmation of the initial judgment, vacating the judgment and sending it back to the lower court for additional information, or an outright overturning of the ruling. Appellants generally aim to obtain one of the last two results.
If there is no substantial evidence that some legal error or wrongdoing by the lower court influenced the trial’s outcome, the Court of Appeals will uphold its decision.
On the other hand, if the trial court’s ruling is ambiguous or the judge did not properly consider the evidence, the appeals court may return the case so that the judge may clarify or reconsider the ruling.
Finally, an error leading to a judgment may be so severe as to question the basis and outcome of the case. As a result, the Court of Appeals may completely overturn and vacate the lower court’s judgment. Depending on the nature of the case, a prosecutor may decide to pursue a retrial.
Atlanta appeals lawyers can evaluate your case and advise you about your chances of success. Get in touch with Conklin Law Firm today to schedule a free consultation.
We specialize in appellate advocacy and have an experienced legal team familiar with Georgia supreme court practice and procedure. Our legal team is well-equipped to handle any federal appeals case in the Eleventh Circuit Court of Appeals.
Types of Appeals
Criminal Appeals
Criminal appeals are some of the most common cases requiring Atlanta federal appeals lawyers. In a criminal appeal, a defendant challenges the conviction rendered in the lower court.
Civil Appeals
In the event of a civil wrong, you have the right to appeal the court’s decision. One goal on appeal might be to have the amount awarded as damages reviewed. Additionally, restitution could be avoided, an injunction quashed, or any other remedy the opposing party has been awarded.
In addition to torts and contract cases, Atlanta appeal lawyers can assist with commercial, business, and other corporate disputes, as well as family law, property law, and environmental law cases.
The Federal Court of Appeals also hears bankruptcy cases, which are exclusively governed by federal law. And you can also appeal some administrative issues in the federal appellate court.
Can You Represent Yourself in the Appeal Process?
During appellate procedures, a person can choose to represent themselves. This is referred to as proceeding pro se. In a criminal proceeding, you usually have the right to court-appointed legal counsel, even if you cannot afford it. This right also extends to the first appeal of a criminal case.
In contrast to trial cases, appeals are complex and different. Therefore, it is not recommended that a person represent themselves on appeal.
There are strict deadlines and intricate rules that must be followed. In general, the appellate courts do not hear any new evidence or testimony. It is not their intention to retry the case but to examine the lower court’s decisions and process to see if there were any errors.
Reach out to a civil appeals lawyer in Atlanta with experience and knowledge of the Georgia appellate and trial courts to help you navigate these challenges.
How Can an Atlanta Appeals Attorney Help You?
According to data provided by the United States courts, on average, the success rate of all federal appeals between 2011 and 2015 was below 8%, suggesting that appeals are complex cases to win.
A criminal defense lawyer who understands the appeal process can spot legal mistakes in a previous judgment and help you appeal it in state and federal courts. The experienced appellate lawyers at Conklin Law Firm are skilled at writing well-written and compelling briefs to support claims of error and presenting oral arguments to the court.
Additionally, not all criminal defense trial lawyers can handle appeal cases, so finding any criminal attorney may not be sufficient. To increase your chances of winning your federal appeal case, looking for an attorney with extensive experience handling federal criminal and civil appeals cases will be more beneficial.
For a free consultation, a case evaluation, and an estimate of fees, reach out to Conklin Law.
Contact Us
1800 Peachtree Road NW Suite 300 Atlanta, GA 30309