Criminal Appeals Defense in North Georgia
Expert representation for criminal appeals. We fight to reverse wrongful convictions and correct legal errors in your case.
Your Right to Appeal in Georgia
In the United States, our Constitution affords us the right to due process, and part of that is the right to appeal a court's decision. That means if your criminal trial did not conclude with the outcome you had hoped, you may be able to appeal if sufficient grounds are present. Keep in mind, however, that an appeal is not the same thing as a new trial. Many defendants also think that if they appeal, they can introduce new evidence, but that is only another misconception about criminal appeals. Criminal appeals in Georgia are only permissible in certain situations, and neither retrying the case nor admitting new evidence are grounds for or occur during an appeal.
It's best not to navigate the criminal justice system on your own. At Johnson Law Firm, our criminal defense lawyer in North Georgia will explain what your options are if you are found guilty and subsequently sentenced. If an appeal is appropriate, we will discuss with you exactly what that may involve. It can be costly to appeal, so you always want to start your criminal defense off right by hiring a criminal defense lawyer who will fight to uphold your rights and seek the best outcome.
Call us today at (706) 230-5944 to schedule a consultation if you have been arrested and charged with a crime or if you have been found guilty and want to appeal.
What is a Criminal Appeal?
Understanding the criminal appeals process and your rights
During a criminal appeal, the defendant asks a higher (appellate) court to review and either reverse or modify a lower (trial) court's decision. The party appealing the trial court's decision is the appellant (some jurisdictions prefer to use petitioner). The other party is referred to as the appellee (some jurisdictions prefer to use respondent).
When a defendant is found guilty after a trial, they have a right to appeal the verdict. The prosecution, on the other hand, cannot appeal an acquittal. The Fifth Amendment of the U.S. Constitution prohibits double jeopardy, which means you cannot be tried twice for the same criminal allegation. Both the prosecution and the defense, however, can appeal a defendant's sentence as well as any interim decisions made by a judge, like the admissibility of certain evidence.
Appellate courts are concerned with legal errors. They do not hear evidence or make findings of fact as to whether the defendant is guilty or not guilty. An appellate court examines a trial for any potential errors in terms of procedure, the law that was applied, and how it was applied.
The Appeal Process:
- The appellant files a notice of appeal
- Upon filing, the clock starts ticking for the appellant to file a brief
- The brief states the facts and the law, explaining why the trial court's decision must be reversed
- The appellee has an opportunity to respond with an answering brief
- The appellant may respond with a second brief that answers the appellee's brief
- The appellate court may make a decision based on the written briefs, or they may hear oral arguments
Grounds for a Criminal Appeal in Georgia
Understanding the legal grounds that can form the basis for an appeal
The specific grounds of an appeal will vary from case to case. Ultimately, an appellant must show that the lower court made a substantial or material error during the trial, i.e., one that affected the outcome of the trial. A harmless error, even if an error, will not change the outcome of the lower court's decision.
The most common grounds given for a criminal appeal in Georgia include but are not limited to sentencing errors, the serious error of law, abuse of discretion, ineffective counsel, improper jury conduct, and prosecutorial misconduct.
Sentencing Error
When a judge fails to follow proper sentencing rules, the sentence is considered illegal. An appellate court will remand the matter back to the lower court for resentencing, often leading to reduced or more favorable sentences.
Serious Error of Law
A defendant may appeal when the trial court made an error in applying the law to the facts, such as giving incorrect jury instructions or miscalculating the sentence.
Abuse of Discretion
A party can appeal an interim ruling that was clearly unreasonable, erroneous, arbitrary, or unsupported by the facts or law.
Ineffective Counsel
If a trial lawyer's representation was so poor that it resulted in an unfair trial, this may provide grounds for an appeal based on inadequate representation.
Improper Jury Conduct
A defendant may appeal their conviction if a juror acted improperly during the trial or deliberations, such as speaking directly to a witness.
Prosecutorial Misconduct
When prosecutors engage in dishonest or abusive acts to persuade a judge or jury of guilt, and those acts were prejudicial and harmed the defendant's case, there may be grounds for appeal.
Possible Outcomes of a Criminal Appeal in Georgia
Understanding the different outcomes that can result from an appeal
After considering an appeal, an appellate court's decision may be one of many. The appellate court may:
Affirm
The appellate court upholds the trial court's decision and maintains the conviction and sentence.
Reverse
The appellate court overrules the trial court's decision, potentially leading to a new trial or dismissal.
Remand
The appellate court sends the case back to the trial court for retrial, resentencing, or reconsideration of specific issues.
Modify
The appellate court changes or adjusts the original sentence imposed by the trial court.
Dismiss
The appellate court dismisses the appeal due to procedural issues, such as lack of jurisdiction or untimely filing.
Ready to Fight for Your Rights on Appeal?
Don't let a wrongful conviction stand. Our experienced team is here to provide the aggressive, effective representation you need to appeal your case and fight for justice.