Criminal Appeals Attorney in Atlanta, GA
A police officer arrested you, and a judge or jury found you guilty. An appeal might be your last chance to fight for your freedom, and it may not be too late to file one.
Judges or jury members are not perfect, and criminal trials can go wrong. If you believe you are innocent, you do not have to accept the verdict.
The disappointment and dismay you feel when you are convicted of a crime are real but do not have to be permanent. You have the option to appeal the court’s decision. However, not all criminal defense lawyers in the Atlanta area are prepared or willing to do so.
The criminal appeals attorneys at Farnsworth & Murphy L.L.C. handle all types of criminal appeals. Whether you were convicted in state or federal courts, we can evaluate your case and determine the appropriate action. We have a long experience with Georgia appellate courts and will work to bring you a favorable outcome. We are here for you regardless of your charges.
So how do criminal appeals work? What outcomes can you expect? Read on for answers.
How Do Criminal Appeals Work?
The defendant, now referred to as the appellant, is offered the chance to argue their case and contest the court’s decision. They can present proof of legal mistakes that occurred during the trial or sentencing. This proof should explain why the appellate court judge should dismiss the case or order a retrial.
The process may depend on the case, the appellate court handling the appeal, and the appeal filing method. For example, a direct appeal requires the appellant or their attorney to file the notice of appeal with the trial court that produced the judgment first. The trial court will then transfer your case to the appellate court. In a discretionary appeal, the appeal is filed directly with the appellate court.
From then, the process usually goes as follows:
Your attorney sends a copy of the notice of appeal to the opposing party.
Your attorney files a written brief of the trial court’s decision and identifies the specific areas that need to be reviewed.
Your attorney also files the certificate of service, indicating that the opposing party received a copy of the notice.
The opposing party submits its brief after receiving a copy of yours.
If no oral hearing (also called oral argument) is granted, the appellate court judges use the briefs to decide whether to accept your appeal or deny it.
If an oral hearing is granted, your attorney is invited to discuss the case with the appellate judges. The judges will then decide whether to accept your appeal or not.
An experienced appeals lawyer can prepare a persuasive brief for your appeal. You must know that oftentimes the brief is your only chance to convince the appellate judge. You won’t be able to submit more evidence or new testimonies.
Appellate judges look for significant errors that could have affected the final judgment and usually disregard minor errors that may have occurred during the original trial. They also assess whether the prosecution proved beyond reasonable doubt the appellant’s guilt.
Common Outcomes for Criminal Appeals
The appellate court judges may order a new trial or dismiss the sentence. As long as your attorney presents evidence that the errors led to a miscarriage of justice, you have a case.
If the errors did not impact the final sentence, the appellate court will uphold the original sentence. If you are not satisfied with the appellate court’s ruling, you may appeal to a higher court. However, the higher court does not have to grant review.
How Often Are Appeals Successful?
We would be lying if we told you that an appeals process is simple and easy to win. An appeal judge needs sufficient evidence to overturn a previous ruling. That is why appellate court judges take time to review your case before deciding.
The success of an appeal case depends on various factors. The errors that occurred while collecting and storing evidence are a good start. The judges’ and jurors’ mistakes and biases can also determine the success of an appeal case.
Issues that Atlanta Appeals Lawyers Can Raise During an Appeal
Every case is different, but the following are some circumstances that could lead to a successful appeal:
Misconduct by a judge or prosecuting attorney
Improper searches and illegal collection of evidence
Other mistakes made by judges about the evidence, trial, or jury instructions
Ineffective assistance of counsel
Improper conduct of the jurors
A criminal defense attorney who’s familiar with appeals will examine your case and identify any errors that could get your conviction overturned.
Contact Farnsworth & Murphy, L.L.C. to Appeal Your Conviction
Our criminal justice system is not infallible. Police officers, prosecutors, and judges can make mistakes that violate your rights and lead to great injustices.
A criminal conviction can cost you your life, freedom, future, and family and will follow you after you serve your jail time. Our criminal appeals attorney can fight for you in an appeals court.
The fight is not over until you decide so. The appeals process is long and stressful, but an experienced appellate attorney will help you navigate it.
Do you want to restart the fight for your freedom and have a chance at a fresh start?
You only have 30 days after the court’s order to file an appeal. Contact our lawyers at Farnsworth & Murphy, L.L.C. today, and you can have renewed hope of getting justice.
Frequently Asked Questions
How Long Does a Georgia Criminal Appeal Take?
The appeal process in Georgia is complex and may take up to a year. Once the judge grants your appeal, receiving a new judgment may take a year or more. The more complex your case, the longer it will take.
How Long Do I Have to File an Appeal in Atlanta, GA?
If you are convicted and would like to contest the court’s order, you have exactly 30 days to file an appeal with an appellate court in Atlanta.
Why Should You Work With a Criminal Appeals Lawyer?
Appellate procedures are complicated. Most people who appeal do so because they want better results. A criminal appeal attorney ensures that you have effective counsel, handles the writing and filing of the appeal brief, and represents you during the oral argument.
How Much Does It Cost to File for an Appeal in Georgia?
You need to pay $80 for appeals of criminal cases and $300 for civil cases. You may also need to pay for your legal representation and other services.