Representation on Appeal of Criminal Conviction
A guilty verdict in a criminal trial is not the end of the road. With the help of a criminal appeals attorney, you can challenge the outcome of your criminal trial and possibly get it overturned.If you or a family member needs help with an appeal immediately, you can contact our office by phone or using our convenient contact form. Schedule a consultation today to speak to a lawyer and learn what to expect from the appeals process.While considering your next steps, you may appreciate some general information about how appeals work and what makes them likely to succeed. Remember that the information below does not constitute legal advice. Every case is unique, and you will need to share your details with a criminal defense lawyer to get answers specific to your situation.
Understanding the Criminal Appeals Process: What is an Appeal, and How Does the Appeals Process Work in Georgia?
Generally, an appeal is a vehicle for challenging a conviction at trial. If you’re seeking an appeal in Georgia, you may need to navigate one of several court systems.
- In the Georgia Court of Appeals, the appeal is heard by three entirely new judges.
- In the Georgia Supreme Court, nine Justices hear the appeal.
- In federal criminal appeal cases tried in Georgia, Florida, and Alabama, three judges in the Eleventh Circuit Court of Appeals will hear the appeal.
With limited exceptions, a successful appeal does not end the case entirely. In most cases, the appellate court (the Georgia Court of Appeals, the Georgia Supreme Court, or the Eleventh Circuit Court of Appeals) will send the case back to the trial court to conduct a new trial, but without the error that led to the reversal of the conviction.
Nevertheless, when a case is sent back to the trial court, the prosecutor will often not be interested in trying the case again and may offer a far more lenient plea bargain to be done with the case. At the end of the appeals process, several things can happen that depend on the outcome of your case and the kind of appeal you seek.
In the best-case scenario, the appellate court will reverse or overrule the trial court’s decision.
However, the best outcome isn’t always possible. The appellate court may choose to affirm the trial court’s decision, upholding both the conviction and sentence. This court may also remand the case back to the trial court or simply modify the sentence.
Grounds for a Criminal Case Appeal: Why Do Convictions Get Overturned on Appeal?
After being found guilty, the defendant must assert in the appeal that the trial was unfair. Many behaviors by judges, prosecutors, witnesses, jury members, and even the defendant's own legal representation can be considered unfair.
Convictions have been overturned in the past for a variety of reasons, including all of the following:
- The prosecutor was permitted to introduce evidence in oral arguments that was inadmissible (such as hearsay).
- The judge made a serious error of law and provided improper jury instructions. Alternatively, the judge may have abused their discretion when ruling on motions or legal issues.
- The defense was prohibited from introducing evidence that should have been admitted in a criminal case.
- The defendant’s constitutional rights were violated. For example, habeas corpus, or the Fourth Amendment right to be free from an illegal search or seizure, was violated, and the trial judge did not correctly decide this issue in the trial court.
- The evidence at trial was not sufficient to support the conviction, notwithstanding the decision of the jury.
- Jury members engaged in improper conduct, such as talking to witnesses or using their mobile phones to look up unadmitted evidence.
- The judge ignored sentencing rules or made other kinds of sentencing errors (this kind of appeal doesn’t allow for a new trial, but can result in a more manageable sentence).
- The defendant’s criminal trial attorney was either incompetent or made a significant mistake during court proceedings or in preparing for trial and locating favorable witnesses.
- New evidence is available that calls the validity of the verdict into question
These are just a sample of legal errors that can support a successful appeal. There are many other ways a court’s decision can go wrong. We can discuss them all with you during a consultation.
Criminal Appeal FAQs
Here are some answers to common questions about criminal appeals.
How long do I have to appeal my case?
The time you have to appeal your case depends on why the appeal you’re making. Most appeals in Georgia must be filed within 30 days of the conviction. State habeas corpus petitions can be filed within four years, and there are other exceptions. You should speak to a lawyer to verify you are still eligible to appeal.
How long does the appellate process take?
Unfortunately, like many processes in the criminal justice system, appeals will involve a lot of waiting. How long you need to wait will depend significantly on the type of appeal you’re seeking. Several months to several years or longer is the only answer general enough to apply without knowing the details of your case.
Do I need an appellate lawyer or an appellate attorney to handle appeals?
All lawyers who argue in appellate courts can be considered appellate lawyers. You should work with a lawyer with experience in appellate courts, and with the criminal appeals process. We have several lawyers, including Atlanta federal appeals lawyers, who may be able to offer the expertise you need.
