Johns Creek Appeals Lawyer
Being convicted of a criminal offense can be devastating, but the conviction does not have to be final. If circumstances warrant an appeal, a higher court could review your case and potentially reverse or overturn a lower court’s ruling. A Johns Creek appeals lawyer could appeal a court’s decision on your behalf if legal grounds exist for doing so.
A successful appeal might lead to a reduced sentence, a new trial, or even dismissal of the case. If you have reason to believe an appeal is warranted, your next step should be to contact an experienced attorney who can help by beginning the appeals process.
Reasons for Appealing a Court Ruling
Not all court rulings are eligible for appellate review. Specific circumstances must be established to grant a request for appeal. An appellate attorney in Johns Creek could review the circumstances of a case to determine if there is cause for appealing the court ruling.
There are several acceptable reasons for appealing the decision handed down by a Johns Creek court. One reason for appealing is that there was a problem with the evidence in the case. For instance, evidence that should have been deemed inadmissible was presented and contributed to a guilty verdict.
Another reason for appealing a court ruling is when an excessive punishment inconsistent with the legally prescribed penalties for an offense is imposed during sentencing. An appeal could also be requested when there is reason to believe the jury was given inaccurate or unclear instructions. An additional reason for filing an appeal is that the law was misapplied in the case.
Types of Criminal Court Appeals
There are three types of criminal court appeals in Johns Creek. These are direct appeals, discretionary applications to appeal, and interlocutory applications to appeal. Each type of appeal has a specific process for appealing, and different notices or forms might be required, as well. A Johns Creek appeals lawyer who understands the different types of appeals and the process associated with each could determine which type of appeal is appropriate for a particular case.
Process for Appealing Judgements in Johns Creek
One of the first steps in appealing a court’s decision is filing a notice of appeal. The notice of appeal is an indication that there could be legal justification for reviewing the court’s ruling. The deadline for filing a notice of appeal is 30 days following the court ruling.
Once the appeals process begins, other steps in the process can include filing a brief and submitting copies of the notice of appeal, brief, and other relevant documents to opposing counsel, which is usually the prosecuting attorney. The brief, also referred to as the appellant’s brief, is a written document presenting the reasons why an appeal is justified. Other documents that might be submitted in an appellate case could include various types of legal motions, such as a motion for an extension to file the appellant brief.
Contact an Appeals Attorney in Johns Creek
The process for appealing a judgement of conviction includes several steps, beginning with filing a notice of appeal. It can be difficult keeping track of the various items that need to be filed, as well as the deadlines for filing. A Johns Creek appeals lawyer could make the process much easier by handling all aspects of the process, including completion and filing of required forms.
Imagine the satisfaction you will experience when your request to appeal an unfavorable court ruling is granted. Contact an attorney immediately for assistance with your appeal.