Fulton County Appeals Lawyer
If you were recently convicted of a crime after trial, it might not be too late to get that conviction overturned through an appeal. An appeal is a legal process that allows a convicted defendant to bring the case to a higher court based on some valid reason being wrong with the manner in which their case was handled in court. There are many reasons why an initial case may have been wrong and can be appealed, and you owe it to yourself to evaluate those options since a criminal record can greatly impact your life in a negative way.
One of our professional attorneys at Hawkins Spizman can review your case, the facts, the process the prosecutor and the court took and can advise you on your ability to file an appeal. A Fulton County appeals lawyer has experience filing appeals, is familiar with the process and requirements, and can fight for your rights throughout the appeal.
What Types of Criminal Convictions Can Be Appealed?
In general, a person who was convicted of nearly any crime can appeal their case if there is a valid reason for doing so. Having a criminal record can haunt a person for a long time, so it makes sense to seek to overturn the conviction if at all possible. Some of the most common crimes for which appeals are sought include:
- Assault & battery
- Domestic violence
- Drug crimes
- DUI and traffic crimes
- Juvenile crimes
- Kidnapping and theft crimes
- Sex crimes
- White collar crimes
Reasons for Filing an Appeal
A defendant cannot file an appeal simply because they do not agree with the outcome in their case – if that were true, the court system would be overwhelmed even more than it currently is. Rather, there must be some legal basis for seeking an appeal. The most common reasons for an appeal or new trial, include:
- Faulty evidence or investigation missteps – Many cases are decided as a result of evidence that should not have been admitted in court, such as from an unlawful search and seizure;
- Erroneous court process – Perhaps something happened during the trial that should have been addressed or was done incorrectly, such as a judge failing to sustain a significant valid objection or giving incorrect jury instructions. This may be a valid reason for filing an appeal;
- Sentencing issues – If the punishment received does not follow from the charges that were filed, then typically something happened during sentencing that was in error and could present a valid basis for an appeal;
- Ineffective counsel – If legal counsel for the defendant at trial failed to do their job for the defendant, the defendant might be able to request a new trial.
How Appeals Work in Georgia
Georgia law sets out a strict process for filing an appeal that must be closely followed, and generally, there are only 30 days to file an appeal or motion for a new trial. The defendant must submit various documents to the appellate court. Any error in the process for filing an appeal could result in a failure to appeal the case altogether. It is crucial that a defendant work with a qualified appeals attorney who is familiar with the process and can better ensure things are done correctly to appeal the case.
What are the Benefits of Hiring Legal Assistance?
In a criminal proceeding, the government bears the burden of showing intent and providing sufficient evidence to establish beyond a reasonable doubt that the defendant committed the crime. A local lawyer can serve as an invaluable resource in attacking the State’s evidence, thus showing your innocence, filing required documents with the court, and utilizing the appeals process to seek a dismissal or a reduction in the charge or penalty.
Consult with a Fulton County Appeals Attorney About your Case Today
You have limited time to file a valid appeal for your recent conviction, so you must reach out to an attorney today to understand your options. A Fulton County appeals lawyer at Hawkins Spizman can work with you to assess what happened and what your rights are to appeal the decision. Call today to schedule a consultation, you do not have time to waste.