DeKalb County Appeals Lawyer
When a criminal trial fails to go your way, you may be left wondering about what legal options are available for overturning a decision. Fortunately, the appeals process exists for you to have another court review your case and determine whether the trials were handled appropriately.
Whether you wish to prove your innocence or ensure that you received full constitutional and legal protections throughout your trial, contacting a DeKalb County appeals lawyer and engaging in the appellate process may be an option worth exploring. An experienced attorney could also evaluate your case and determine the most effective strategy for challenging the outcome of your case.
Process of Appealing a Criminal Conviction
Various procedures exist for individuals wishing to appeal a conviction. In many cases, the first step is to file a motion for a new trial. Through this motion, a Dekalb County appeals attorney may be able to convince the original trial judge that legal errors or ineffective assistance of a trial lawyer were a determining factor in a person’s conviction.
Individuals typically file an appeal to the Georgia Court of Appeals, but they could also be able to appeal directly to the Georgia Supreme Court in some circumstances. Depending on the situation, a successful appeal could yield different results. For example, insufficient evidence or legal errors could lead to a reversal of a criminal conviction issued by a trial court.
If a direct appeal fails, individuals still may have an avenue for appealing their criminal conviction. While they are serving their sentences of incarceration, they may be eligible to file a habeas petition in a different court, which typically concerns constitutional errors made during the trial and sentencing of individuals.
Appellate Courts Reviewing a Trial Court Decision
Appealing a case to the Georgia Court of Appeals does not result in a new trial unless the higher court reverses the conviction and rules that there should be a new trial. Instead, the appellate court reviews all evidence and testimony from the original court trial and determines whether there were any errors.
Everything said or submitted during a trial is recorded. A court reporter would then type up a transcript of the trial to allow the appellate court to review the proceedings.
The appellate court also has the chance to review any exhibits that the trial court admitted as evidence at trial, which includes documents and photographs of any physical evidence, such as weapons. These items, along with the trial transcript and legal arguments outlined in written briefs submitted by the attorneys for both sides, may allow the reviewing court to consider everything that occurred during the trial.
Common Grounds for Appeal in DeKalb County
One of the most common grounds for the appeal of a criminal conviction in DeKalb County is the failure of the appellant’s lawyer to provide adequate legal representation at trial. All United States citizens have a constitutional right to effective legal representation during a trial for criminal charges. When defense counsel fails to develop defenses, properly cross-examine witnesses, or challenge the admission of evidence at trial, that substandard representation could have altered the outcome of the trial.
Another potential basis for an appeal is the improper admission of evidence at trial by the trial judge. If a trial judge has admitted evidence against individuals that police illegally obtained or that is inadmissible due to another legal reason, wrongly convicted criminals may wish to challenge their conviction on this basis. An appeals lawyer in DeKalb County could evaluate the evidence admitted at trial and determine whether the judge made an error in admitting the evidence over the objection of the accused persons.
Talk with a DeKalb County Appeals Attorney Today
Filing an appeal is a complicated process that requires adherence to various rules and procedures. A DeKalb County appeals lawyer may be able to review your case and determine whether there are valid grounds for appeals.
A direct appeal may be the most effective way to challenge the legitimacy of your criminal conviction and, if successful, could result in a reversal of your conviction or a new trial. For more information, consult with an attorney regarding options for filing an appeal following a conviction.