Even if you are found guilty and convicted of a crime, your case is not necessarily over. In Georgia, you may be able to appeal your criminal conviction. Depending on the facts of your case, your conviction could be overturned and you could get a new trial.
But appealing a criminal case is not a simple matter. Unlike your criminal trial, your appeal will be heard by an appellate court. The court will be reviewing the facts of your case, how the law was applied to your case, and looking for any errors made by the trial court.
Not every criminal defense lawyer has experience in the appellate court. If you are considering appealing your criminal conviction in Georgia, you need a lawyer who has experience writing briefs and presenting oral arguments at the appellate level. In this blog post, we want to share a few things you should anticipate when beginning the appellate process.
When Do You Need To File Your Appeal?
There is limited time that you have to file for an appeal in Georgia. If you fail to file for an appeal during this time, you may be unable to appeal your case.
The first step is to file a “motion for new trial” within 30 days of the verdict. When you file a motion for a new trial, your attorney will then be able to request trial transcripts and compile new evidence to support your case. A motion for a new trial, if successful, may pave the road to an overturned conviction and the opportunity to re-try your case.
What If A Judge Denies Your Motion?
In case the trial judge denies your motion for a new trial, you can file a notice of appeal within 30 days after the denial. After the case is docketed and a court record is prepared, the appellate attorney and State’s attorney prepare written briefs. The court may listen to the oral arguments from either side before issuing a decision.
Do You Need An Appellate Attorney?
The appellate process is different from the trial process, and the skills required to succeed in appellate court are different from the skills needed to succeed at trial. An appeals attorney will look at the facts of your case, the evidence presented at trial, the court record, the trial transcript, and more to determine if there were any errors made during your trial. The attorney will also research the law extensively to find case law that supports your case.
Not every case is the same. If you believe that there were errors made during your criminal trial, you should speak with a Georgia appeals attorney to determine if appealing your case is the correct thing to do.
Hire a Georgia Appeals Lawyer Today
Hiring the right lawyer is crucial if you have decided to file an appeal. At Bullard Law Firm, we have extensive experience representing individuals on appeal. Call us today at (404) 954-0598 or fill out our online contact form to schedule a consultation with our law firm.
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