Alpharetta Appeals Lawyer
Upon receiving a guilty verdict, you may be feeling overwhelmed and powerless. However, you have the ability to appeal a court’s decision promptly following a conviction. If you are able to prove that a courtroom error led to your conviction, it may be possible to have the decision overturned.
If you have been convicted of an offense and believe that there were errors made leading up to your conviction, get in touch with an Alpharetta appeals lawyer today. A skilled defense attorney may be able to take on your case and help you achieve the justice you deserve.
Appealing a Case in Alpharetta
According to the Official Code of Georgia Annotated §5-6-33(a)(1), the majority of final judgments are capable of being appealed. A final judgment means that the case has no other matters pending in court.
The deadline to file a notice of appeal in Alpharetta is generally within 30 days of the final court decree. However, the time period might not begin until a motion for a new trial has been denied. Once an Alpharetta appeals attorney has filed a notice of appeal on behalf of an individual, the government then has ten days to submit a response. After both sides have had an opportunity to present their facts and arguments, the Alpharetta court may decide whether or not to grant the appeal.
Arguments in Support of an Appeal
An accused defendant may not automatically have a right to an appeal. Generally, during the initial trial, the defending lawyer will object to the relevance of testimony or the prejudicial nature of evidence.
When filing for reconsideration of a conviction, an appeals lawyer in Alpharetta may look to the objections which were memorialized in the trial transcript. Then, in accordance with O.C.G.A. §5-6-40, the attorney can compile an “enumeration of errors.” The Alpharetta court may utilize this document when deciding on whether or not an appeal is warranted.
Release on Bail Pending Appeal
Persons in Alpharetta who have been convicted after a criminal trial may validly be taken into custody by the authorities. However, if the conviction was based on the commission of a misdemeanor offense, the court may release them on reasonable bail, pending an appeal of the outcome.
In general, the Alpharetta court would not grant bail pending appeal to a defendant who has been convicted of a serious crime, such as murder, rape, treason, or armed robbery. When considering a convicted party’s petition for bail pending appeal, the court may consider several factors concerning the interests of the public. These considerations may include whether the defendant appears to be a substantial flight risk, a serious danger to the community, or their likelihood of intimidating witnesses before a new trial.
Contact an Alpharetta Appeals Attorney
After being let down by a criminal trial that ended in a conviction, you might feel disillusioned and disheartened. It might be difficult to remain positive. However, if you have resolved to appeal your conviction, you will not be the first person to do so.
The procedures for filing an appeal can be confusing and intricate if it is an area with which you lack familiarity. A skilled Alpharetta appeals lawyer may have the education and experience necessary to succeed in getting a conviction overturned or obtaining a new trial for a client. Speak with a local legal professional today about beginning the process of your appeal.