Sandy Springs Appeals Lawyer
Defending yourself against a criminal charge could prove to be difficult. If convicted, you could be facing a substantial amount of time in prison and expensive fines. In addition, living a life with a criminal conviction on your record could cause you to miss out on future job opportunities and even the ability to vote, or to possess a firearm.
If you wish to appeal a conviction, strengthen the likelihood of a positive outcome by retaining the services of an experienced appellate attorney. A Sandy Springs appeals lawyer may be able to review the circumstances of your conviction and help you develop a strategy that would render the most favorable outcome possible by getting your conviction overturned.
Understanding the Appellate Process
Defendants have the right to appeal to a higher court when they disagree with a decision made by a trial court. Under Georgia’s criminal law, most “final” judgments permit the defendant to appeal a decision. A final judgment means that the court has decided the matter, and no further issues are pending. This includes a judgment of conviction in a criminal case.
In addition to rules and time limits that appellants must adhere to, prosecutors have the opportunity to respond with their arguments for why the court should not reverse a conviction on appeal. A Sandy Springs appellate lawyer could advise a convicted individual on whether an appeal to a higher court or a petition for a new trial is a prudent course of action, depending on their circumstances of their case.
An attorney could also help craft thoughtful arguments and anticipate counterarguments as they strive to persuade the court in an appellate brief. This legal writing submission must detail what errors occurred during the trial and why the defendant is entitled to have their conviction reversed on appeal.
Custody in the Appeals Process
The law permits defendants convicted of a crime in Georgia to be taken into custody if a jail or prison sentence is imposed. However, more serious offenses like violent felonies such as rape and murder will give a court pause in terms of granting bail while an appeal is pending.
Factors considered in whether a defendant should be permitted to avoid incarceration after being convicted of an offense include whether that person is considered a flight risk. The court considers whether the individual defendant is likely to evade the judicial process by leaving the jurisdiction. Additionally, a defendant’s risk of committing another offense also weighs on the court’s consideration. This may depend on a defendant’s criminal history as well as the seriousness of the crime charged.
Finally, courts look at whether there is a risk the defendant will try to interfere with the judicial process via witness intimidation or evidence spoliation. An attorney could represent the defendant in a bail hearing and advocate for why the court should grant bail pending the appeal.
Contact a Sandy Springs Appeals Attorney Today
The end result of your criminal case may have been disappointing. You may wonder where to look next and what can be done. An attorney could help assess your situation and step in to work toward trying to get your conviction reversed on appeal.
If feasible, an attorney could appeal your case in hopes of achieving a better resolution than previously obtained. There are very strict deadlines associated with appealing a criminal conviction, and your rights have an expiration date. Call a Sandy Springs appeals lawyer today to schedule a consultation.