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.
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 in the State’s Court of Appeals for the first time. The case will move on to the Georgia Supreme Court if appealed a second time. 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 attorney is experienced in the appeals process and has appealed hundreds of criminal appeal cases to both appellate courts. We understand that 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 are not only representing 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 appellate procedures are much more flexible than they might 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, the defendant’s case is reviewed by a panel of judges. These judges are all Atlanta appeals lawyers and may have practiced a variety of areas of law.
The judges usually make decisions independently without needing to refer the case to a larger panel of judges. This allows for great flexibility in the appellate courts in Georgia.
There are no criminal trials at the Georgia Supreme Court’s 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 had no impact on the verdict.
A criminal appeal is typically less likely to result in a reversal of the conviction than a civil case. However, in some instances where the defendant’s legal rights were violated, the Georgia appellate system can be used to get a conviction reversed. 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; it is critical for an attorney to 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 skilled at navigating the system and who can provide strategic legal counsel focused on the case’s specific facts.
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