Appeal Lawyer in Atlanta, GA

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.