Gwinnett County Appeals Lawyer
Being handed a guilty verdict is by far one of the more disheartening experiences to encounter. You may feel like you are out of options, or that your life will never be the same, but that is not the case. If you believe that your case was negatively affected by unconstitutional evidence or court errors, it may be worthwhile to file an appeal.
If you wish to appeal a guilty verdict, it is strongly recommended to get in touch with a Gwinnett County appeals lawyer as soon as possible. A detail-oriented criminal attorney could review the circumstances of your conviction and help you to achieve a positive result.
Criminal Appeals in Gwinnett County
According to the Official Code of Georgia Annotated §5-6-33(a)(1), most final judgments are appealable. A final judgment means that there are no further cases regarding the matter pending in court.
Generally, a notice of appeal in Gwinnett County must be filed within 30 days of the final court decree. However, if a defendant has also filed a concurrent petition for a new trial, the 30-day time period may not begin until after the court has denied such a motion.
The prosecutor has ten days from the date of the petition for appeal to file a response. The court would weigh the arguments of both sides before issuing a ruling to grant or deny the appeal. A skilled Gwinnett County appeals attorney could prove to be of valuable assistance when trying to craft persuasive motions for appeal.
Enumeration of Errors for Gwinnett County Appeals
A defendant in Gwinnett County may not appeal a conviction without grounds to do so. Generally, their counsel during the initial trial will object to improper testimony, such as hearsay or unduly prejudicial statements. Moreover, an accused person’s lawyer may object to the admission of evidence because it was acquired in violation of the defendant’s constitutional rights.
These objectionable errors may appear within the trial transcript, and it may include an attorney’s objections to statements, evidence, or even jury instructions.
Bail Pending Appeal in Gwinnett County
If a criminally accused defendant has been convicted, they may be taken into custody to begin their period of incarceration unless they are granted bail. Generally, for a misdemeanor charge, the court of inquiry may honor an award of reasonable bail.
With regard to more serious criminal convictions, such as treason, murder, rape, or armed robbery, a petition for bail pending appeal may need to be decided by a judge of the superior court in Gwinnett County. Factors that the tribunal may take into consideration when deciding whether to release a defendant on bond include the following:
- Substantial risk of flight from the jurisdiction
- Serious danger of harm to the community
- Likelihood of intimidating witnesses or obstructing justice
A capable appeals lawyer in Gwinnett County might represent an individual in a bail hearing, as well.
Meet with a Gwinnett County Appeals Attorney
If your criminal trial ended in a conviction, you may feel devastated and forlorn. However, you might be able to appeal your case, so that it results in a better outcome.
The appeals process can be confusing, and at times it may seem like a long road toward getting another chance at an acquittal. Fortunately, a Gwinnett County appeals lawyer could ease the burden off your shoulders by bearing most of the responsibility that comes with appealing a case. Call today to schedule a consultation with a local counselor.