Conklin Law: Your Criminal Appeals Lawyer in Atlanta

You’ve been convicted of a crime, but are you guilty? If you were wrongly accused, we may be able to help. Call now to start the appeals process in Atlanta.

Understanding the Appellate Process

In the United States legal system, a criminal appeal is a request for a higher court to review and potentially overturn a decision made by a lower court. This allows convicted individuals to challenge the legality or fairness of their trial and sentencing.

The appellate process can be complex and requires specialized knowledge to navigate it successfully. That’s why having experienced criminal appeal lawyers on your side is crucial.

At Conklin Law, we are a leading appellate law firm in Atlanta, with a team of skilled and knowledgeable attorneys specializing in handling criminal appeals. We aim to give our clients the best representation and fight for their rights in the higher courts.

Appealing Your Criminal Conviction in Georgia

One of the most complicated legal processes in the United States, criminal appeals are used to overturn a criminal conviction or get the court to grant a new trial.

The Georgia Appellate Court system consists of two levels of the appeals court. The first is the Georgia Court of Appeals, and the second is the Georgia Supreme Court.

Most appeals are heard for the first time in the State’s Court of Appeals. The case can move on to the Georgia Supreme Court under the right circumstances.. The Georgia Supreme Court is the State’s highest court. This court also has exclusive jurisdiction over cases involving constitutional questions, murder, and habeas corpus.

Those convicted of a crime in the State of Georgia may be eligible to have their case reviewed by Atlanta appeal lawyers who will work to have their conviction overturned or their sentence reduced.

At Conklin Law, our lead appellate lawyer is experienced in the appeals process and has appealed hundreds of criminal appeal cases to both appellate courts. We understand that legal mistakes can be made during the criminal process, and we are here to help those who have been wrongfully convicted or sentenced.

What Are the Most Common Grounds for Criminal Appeal in Atlanta, Georgia?

The most common grounds for criminal appeal in Atlanta are insufficient evidence, improper jury instructions, and inappropriate legal decision-making by the judge or prosecutor.

With such a complicated legal process, appellate lawyers understand that they not only represent the aggrieved party but can also impact future cases in the State of Georgia, which is why they have a deep commitment to pursuing justice.

However, the most common grounds for appeal are those that challenge the validity of the conviction, such as the exclusion of evidence and the improper admission of other evidence. It is worth noting that the Georgia appellate system and procedures can be more flexible than they seem at first glance.

Issues That Can Be Raised on Appeal

Since the jury’s decision must be based on evidence, the defendant may have a reason to appeal if a conviction arises from documents, testimonies, or other evidence that doesn’t prove the defendant’s guilt beyond a reasonable doubt.

Prosecutorial and juror misconduct can also create potential grounds for appeals in Georgia. For example, if the prosecutor acted unethically, the defendant may raise that issue on appeal. Also, juror’s actions may be grounds for appeal if they engaged in conduct that violates court rules and instructions.

Ineffective assistance of counsel is another reason for the defendant to reach out to an Atlanta criminal appeals attorney. If the defendant’s lawyer at the original trial did something that fell below the standards of legal representation, the defendant could use that as a reason for their appeal.

If you believe your trial was unfair and are unsatisfied with the outcome, consider hiring an Atlanta, GA, appellate attorney. The criminal appeal attorney will analyze everything that occurred during the trial to determine whether there are grounds for appeal.

What Happens With an Appeal in the Appellate Court?

When an appeal is filed in Atlanta, Georgia, a panel of judges reviews the defendant’s case. These judges are all lawyers and may have practiced a variety of areas of law.

The judges usually make decisions independently without referring the case to a larger panel of judges. This allows for great flexibility in the appellate courts in Georgia.

There are no trials at the appellate level, as you may think of them. Instead, the appellant submits a “brief” to the appellate court in writing, with a copy of the transcript from the original trial. However, the prosecution will also submit a brief.

The appellate courts sometimes hold oral arguments from both parties. The panel of judges or justices listens, reviews the original trial’s documentation, confers, and then issues a written opinion within several months. The appellate court judges may sometimes disregard minor errors of the trial court that did not impact the verdict.

A criminal appeal is typically less likely to result in a reversal of the conviction than a civil case. However, in instances where the defendant’s legal rights were violated, the Georgia appellate system can be used to reverse a conviction. A criminal appeals lawyer in Atlanta, GA, can help determine whether an appeal is appropriate in your case.

How Often Is an Appeal Successful?

The Georgia appellate process is highly complex, and several factors come into play when determining whether or not a direct appeal is likely to be successful.

Generally, the success of an appeal largely depends on the type of error that occurred during the trial and the strength of the State’s evidence against the defendant.

The attorney-client relationship is a two-way street; an experienced appellate attorney must listen to their client and provide the necessary guidance to make their case in the appellate courts effective.

The key is to find a lawyer with extensive experience navigating the system who can provide strategic legal counsel focused on the case’s specific facts.

How Do I Find the Best Criminal Appeal Lawyer in Atlanta?

To find the best criminal appeal lawyer in Atlanta, it is crucial to do your research and consider the following factors:

  • Experience: Look for a criminal appeals attorney with experience handling cases similar to yours. They should have a deep understanding of the appellate process and be familiar with the judges in the appellate courts.
  • Reputation: A reputable attorney will have positive reviews from previous clients and colleagues in the legal community.
  • Track Record of Success: Ask about the lawyer’s success rate on criminal appeals cases. A successful track record indicates their ability to navigate the complex appellate system.
  • Communication Skills: Your appeal attorney should be able to explain everything clearly, provide updates regularly, and address any concerns you may have throughout the process.
  • Cost: Discuss the attorney’s fees and any additional costs associated with your appeal before hiring them. Finding a lawyer who fits your budget and provides high-quality legal representation is essential.
  • Personal Connection: Having a good rapport with your lawyer is essential. Your appeal attorney should be someone you can trust and feel comfortable working with during this challenging time.

You can begin your search for the best criminal appeal lawyer in Atlanta by asking for referrals from friends and family, researching online, or contacting local bar associations. Take the time to schedule consultations with potential attorneys to find the right fit for you and your case.

How Can Conklin Law Offices Help?

If you are a GA, Atlanta resident and have been convicted of a crime at trial that you believe was unfair, Conklin Law can help. We are experienced at appeals in state and federal courts, with a successful track record of overturning convictions at the appellate level.

Our Atlanta appeal lawyers will review all aspects of your case to determine whether an appeal should be filed and provide sound legal advice at every step of the appeals process. We understand how complex the appellate procedure can be and will do our best to protect your rights.

Contact our appeals attorneys today for more information about how we can help you with your criminal case.

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1800 Peachtree Road NW Suite 300 Atlanta, GA 30309

Business Hours: 8:30AM - 5:30 PM