How To Appeal a Felony in Georgia
If you want to learn how to appeal a felony in Georgia, Strickland Webster, LLC is the law firm to turn to. We have the resources you need. Give us a call today.
Sometimes mistakes happen during the trial process. Such mistakes could include issues like:
- Improper admission of evidence
- Jury misdirection
- Trial judge error.
If you can establish that such errors occurred, the appellate court will evaluate the effects of these errors on your case. Your conviction may be overturned if they believe you were found guilty based on those errors.
The Verdict in Your Case Was Unreasonable and Unsupported by the Evidence
Occasionally, the verdict in a criminal case may be unjustified by the evidence submitted by the prosecution at the trial court. In such cases, the appeal court may reverse a guilty verdict if they find that there was insufficient evidence and the conviction should never have occurred in the first place.
Ineffective Legal Representation
Every defendant is entitled to the services of an attorney who would help with their defense during the trial. If the attorney failed to advise their client appropriately or their representation was deficient, it could be a ground for an appeal if the defendant is convicted.
What amounts to deficient representation varies with each case but may include instances where:
- The lawyer failed to prepare the defense properly.
- The lawyer failed to consider the defendant’s wishes about the case.
- The lawyer did not interview witnesses.
- The lawyer did not object to the admission of prejudicial or extraneous evidence in criminal court.
Miscarriage of Justice
That a miscarriage of justice occurred in your case is a good reason to appeal your conviction. A miscarriage of justice means that the trial’s outcome was unjust. Situations that could lead an appeal court to conclude that a miscarriage of justice occured include the following:
- One of the jurors at the trial court was biased.
- The defendant had a significant language barrier, and there was no effort to help them understand what transpired during the proceedings.
It takes skill to identify the grounds of appeal in each case. Get an Appeal Lawyer to help with the process to avoid mistakes.
Steps in the Felony Appeals Process
The steps in the appeal process are summarized as follows:
Filing the Appeal
File your notice of appeal at the trial court within 30 days from when you were convicted. The court will prepare the trial record and forward all relevant documents to the appropriate appellate court.
Once the appeal court receives the complete record, the appeal will be added to the court’s docket.
The parties to the appeal will be sent a docketing notice. As the appellant, you must file your written brief containing your arguments in support of your case within 20 days of receiving the docketing notice. Your written brief is an opportunity for you to win the appellate court justices over. You may need help from an appeals attorney to prepare a brief that argues your case clearly and convincingly.
The respondent, in this case, the state will also file a brief in response to yours, and you can file a reply brief if necessary. After this, the appeal is scheduled for the hearing.
Hearing of the Appeal
At the hearing, the justices of the court will review the case and the documents filed and make a decision. They could affirm or reverse the trial court’s decision. They could also transfer the appeal if another appellate court has jurisdiction, dismiss it, or send it to the lower court for re-trial.
They can also help you explore other alternatives, such as a motion for a new trial after your conviction if it is appropriate in your case.
Fighting a felony conviction is tough. Consider getting a skilled appeals attorney to share your burden and work towards your successful emergence from the criminal justice system.
Contact Experienced Georgia Appeals Lawyers at Strickland Webster, LLC
At Strickland Webster, LLC, we understand that it is difficult it is to deal with the realities of a criminal conviction. We are here to help you find and explore possible solutions in this trying time.
Our seasoned appeals attorneys have extensive experience representing individuals in their criminal appeals across Georgia. You can depend on us for quality legal advice and representation as we steer your case toward the desired outcome.
Do not hesitate to contact us right away to schedule an appointment and get started.