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 in an effort to have a criminal conviction overturned or get the court to grant a new trial.

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

Most appeals are heard for the first time in the state’s Court of Appeals. If appealed a second time, the case will move on to the Georgia Supreme Court. 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 appellate process and has appealed hundreds of convictions to both appellate courts.

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 improper 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 the pursuit of justice.

However, the most common grounds for appeal are those that challenge the validity of the conviction itself, 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 you are not satisfied 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 lawyers and may have practiced a variety of areas of law.

The panel of judges will usually make decisions independently without needing to refer the case to a larger panel of judges. This allows for a great deal of flexibility on the part of the appellate courts in Georgia.

At the appellate level in the Georgia Supreme Court, there are not trials 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.

Oral arguments from both parties are sometimes held by the appellate courts. The panel of judges or justices listen, review the documentation from the original trial, confer, and then issue 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 in a civil case. However, in certain cases, such as where the legal rights of the defendant were violated, the Georgia appellate system can be used to get a conviction reversed. A criminal appeals lawyer in Atlanta GA can help you determine whether an appeal is appropriate in your case.

How Often Is an Appeal Successful?

The Georgia appellate system is extremely complex, and there are a number of different factors that 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 along with the strength of the State’s evidence against the defendant.

 The attorney-client relationship is a two-way street, and it is critical for an attorney to listen to their client and provide them with the necessary guidance to effectively make their case in the appellate courts.

The key, is to find a lawyer with extensive experience who is skilled at navigating the system and who is able to provide strategic legal counsel that is focused on the specific facts of the case.

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1800 Peachtree Road NW Suite 300 Atlanta, GA 30309

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