Appeal Lawyer in Atlanta, GA

We Are Dedicated To Providing Quality Legal Representation To Each Of Our Clients.

The attorneys at Strickland Webster, LLC excel at representing individuals charged with or convicted of crimes in Georgia and in federal court. If you or your loved one needs representation, please contact us today.

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If you or someone you know needs assistance, please contact us at: (404) 282-4438

What Is an Appeal?

An appeal is an application to a higher court to reverse a lower court’s decision. While both parties can appeal to a higher court in civil cases, only the defendant can appeal in criminal cases. However, a losing party can’t appeal just because they don’t like the verdict – there must be a legal basis for the appeal.

Both criminal and civil appeals follow a complex process that requires the help of experienced legal professionals.

An appellate attorney can assist you with every aspect of the appeals process, from researching and drafting briefs, to arguing your case before the appellate court.

Strickland Webster’s criminal defense attorneys are familiar with the law and rules of appellate practice. Our lawyers can provide guidance and representation for various types of appeals, including criminal appeals.

Schedule a free consultation with an Atlanta, GA, appeals attorney to get started with your appeal.

What Does an Appeal Attorney Do?

The purpose of appeals is to have a trial court’s errors reviewed by the appellate court. An appeals lawyer can prepare and file briefs that contain the factual matters presented in the lower court, arguments of law that analyze why a lower court decision is an error of law and standards of review that the appellate court used in order to review a lower court decision or order.

It is important to note that the briefs filed are usually restricted to the transcript of the proceedings in the lower court. So, the record of appeal is all that can be used to file an appeal

What Issues Can Be Raised on Appeal?

In Georgia, the issues that can be raised on appeal are limited to those that were raised at trial. This means that if the issue was not raised in the trial court, it cannot be raised on appeal.

Additionally, the issue must have been raised on time and must have been adequately preserved for appeal.

Some of the most common issues that can be raised on appeal include the following:

  • Errors in the jury instructions
  • Prosecutorial misconduct
  • Ineffective assistance of counsel

Additionally, the court can consider any procedural or constitutional errors that occurred during the trial. Strickland Webster frequently uses their extensive criminal defense and appeals court experience to provide services to their clients and to help prepare for effective litigation at the trial court level.

Appeals Courts and District Courts in Georgia: How Are They Different?

There are generally three main levels of courts:

  • 1st level: District courts for trials
  • 2nd level: Court of Appeals or Circuit courts, for federal cases
  • 3rd level: The Supreme Court (both at the state and national levels)

Appeals courts differ from a district or trial-level court because they do not hear new evidence. They consider only the facts and legal arguments presented to them by both sides and any errors of law committed during the initial court proceedings.

The goal is for these higher-level judges to determine whether there was a miscarriage of justice at the lower levels. If so, you may be entitled to relief through the Georgia appeals process.

Georgia appellate lawyers know how best to present their clients’ cases before a judge in appellate courts. They can provide crucial advice, increasing your chances of success before the Georgia appellate courts.

Issues Can Be Raised on Appeal?

In Georgia, the issues that can be raised on appeal are limited to those that were raised at trial. This means that if the issue was not raised in the trial court, it cannot be raised on appeal.

Additionally, the issue must have been raised on time and must have been adequately preserved for appeal.

Some of the most common issues that can be raised on appeal include the following:

  • Errors in the jury instructions
  • Prosecutorial misconduct
  • Ineffective assistance of counsel

Additionally, the court can consider any procedural or constitutional errors that occurred during the trial. Strickland Webster frequently uses their extensive criminal defense and appeals court experience to provide services to their clients and to help prepare for effective litigation at the trial court level.

Picking an Appeal Law Firm: Factors to Consider

A single factor does not determine success, so you need to consider several factors when choosing a law firm, including the following:

  • Knowledge: Make sure the firm has a strong knowledge of the area of law relating to your case. Unlike trials, the appeals process differs significantly from a trial in terms of timelines, rules, and standards.
  • So, in order to successfully appeal a criminal case, it is vital that you hire a firm that possesses extensive knowledge of the procedural and substantive laws relating to appeals, whether criminal or civil.
  • Strickland Webster’s attorneys are well-versed in appellate law and work diligently to provide our clients with the best possible representation.
  • Experience: Several excellent trial lawyers are available, and some handle appeals as well. However, it is important that you hire criminal appeal lawyers with substantial appellate experience and a proven track record. During our years as appeals lawyers, we have successfully represented clients in numerous criminal trials and appeals.
  • Proven track record: A firm’s track record of successfully appealing criminal convictions is another factor to consider. The knowledge and experience that an attorney may possess do not necessarily equate to success. The strategies and arguments used by your appellate attorneys should produce positive results. Client reviews and a lawyer’s reputation may reflect that success.
  • Resources: When appealing any case, it is critical for your appellate law firm to have a wide range of resources at its disposal to maximize the chances of success.
  • Aside from attorneys, consider whether the firm employs paralegals, legal researchers, and private investigators to assist with your appeal.
  • Commitment to your case: If the law firm you hire takes on every appeal, your case might be overlooked or handled without the thorough attention it deserves. At Strickland Webster, LLC, we put more focus on our clients and ensure our resources can meet their needs.

Besides considering these factors, scheduling an appointment with a lawyer is essential to determine whether they are the right fit for you.

Federal Court

  • Criminal charges, including in the Northern District of Georgia
  • Appeals to Circuit Courts, like the Eleventh Circuit Court of Appeals
  • Post-Conviction Motions, such as 28 U.S.C. 2255 motions, 28 U.S.C. 2254 petitions, and 18 U.S.C. 3582(c)(2) motions for sentence reductions

State Court

  • Motions for New Trial
  • Appeals to the Georgia Court of Appeals and the Georgia Supreme Court
  • State habeas petitions

 

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Who We Are

With a demonstrated record of success, the attorneys at Strickland Webster, LLC are well-equipped to represent you if you are facing federal criminal charges or if you have already been convicted in federal court or in the state of Georgia.

We want what’s best for each of our clients. Our team is accessible and prepared. This means that we will talk with you about your concerns, expectations, and objectives.  We will dedicate time to explain to you the possible scenarios you might face.

Our goal is to help you achieve the results that you want, and we will do everything within our power to help you get there. 

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We work together on each of our cases, ensuring that you always have a team of experienced professionals working on your case.

Strickland Webster’s Practice Areas

Our attorneys can provide the following services:

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Criminal Defense

Our attorneys are experienced in representing clients charged with various state and federal crimes, including wire fraud, bank fraud, mail fraud, securities fraud, other white-collar crimes, drug crimes, and violent crimes.

Our attorneys will work with you to help you understand your rights and all of your options to help you avoid a criminal conviction. We will conduct an independent investigation into the facts and law in your case instead of solely relying on the prosecutor’s information. Your case will be handled by a team of dedicated, responsive attorneys who are always committed to getting the best result for you.

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Appeals

Being convicted of a crime after a trial may seem daunting. However, we have represented clients through every stage of the appellate process, often resulting in significant appellate decisions. If you have been convicted of a crime in Georgia or in federal court, please contact us.

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Post-Conviction Relief

There are a variety of motions that may be appropriate to file, even if you have lost your direct appeal. We can file habeas petitions in state or federal court, and we can represent you in other motions as appropriate.

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Our Team

The attorneys at Strickland Wester, LLC are well-equipped to represent you.

MelissaSchollaert StricklandWebster047 min

Sydney Strickland

  • Ole Miss, B.A., 2008

    • Cum laude

  • University of Alabama School of Law, J.D., 2011

    • Magna cum laude

  • Admitted to practice law in

    • Alabama, 2011

    • Georgia, 2015

  • 11th Circuit Court of Appeals, Staff Attorney’s Office, 2012-2015

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Leigh Ann Webster

  • Emory University, B.A., 2007

    • Summa cum laude

  • Harvard Law School, J.D., 2010

  • Admitted to practice law in

    • Georgia, 2010

  • Southern Poverty Law Center’s Immigrant Justice Project, 2010-2011

  • 11th Circuit Court of Appeals, Staff Attorney’s Office, 2012-2015

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Our Results

Strong V. State, Supreme Court Of Georgia

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At trial, A.S. presented a self-defense theory, and in response, the State introduced evidence of basically every bad thing he’d done in his life. As a result, the jury convicted him of felony murder and other associated crimes. We represented A.S. on appeal to the Georgia Supreme Court, which held that the other evidence was improperly introduced at trial. Therefore, the Court vacated our client’s convictions.

WILKIN V. STATE, GEORGIA COURT OF APPEALS

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M.W. petitioned the trial court for retroactive first offender status, so that he could remove his sole felony conviction from his record. We represented him on appeal, and argued that the trial court failed to conduct the correct analysis to determine if he was eligible for retroactive first offender status. The Court of Appeals vacated the order denying his petition and remanded for further proceedings. Read the opinion here.

United States V. Annamalai, Eleventh Circuit

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A.A. was convicted of various crimes associated with his operation of the Hindu Temple of Georgia and sentenced to 327 months in custody. On appeal, we successfully argued that the government had failed to prove most of the crimes with which he was charged and that the district court had improperly calculated his sentence on the remaining counts. Read the opinion by clicking here, and check out an article from the Atlanta Journal Constitution here.

Portillo V. State, Georgia Court Of Appeals

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R.P. was convicted of trafficking methamphetamine, despite a startling lack of evidence against him, and sentenced to 30 years in prison. On appeal, the Court of Appeals agreed that there was insufficient evidence to convict him, and we were able to get him released from custody within days of receiving the opinion. Read the opinion here.

Jackson V. Crickmar, Supreme Court Of Georgia

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B.J. was convicted and sentenced to 55 years in prison. His convictions were affirmed on direct appeal, and his habeas petition was denied. We represented B.J. on appeal to the Georgia Supreme Court, which vacated two of his convictions. Read the opinion here. We represented B.J. on remand to the trial court, which reduced his sentence from 55 years to 15 years. B.J. is now home with his family.

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Contact Strickland Webster for Appeals Assistance

Strickland Webster is a Georgia law firm offering its clients excellent legal representation and guidance throughout the appeals process. Our attorneys are knowledgeable in state and federal appellate practice.

We can help you regardless of whether your appeal is to the Georgia Supreme Court, the Georgia Court of Appeals, or the Eleventh Circuit.

Our experience in researching precedent cases, drafting briefs, and presenting oral arguments in higher state and federal courts may be just what you need.

Contact us today if you need help appealing a court decision against you from an experienced appellate attorney.

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