Gainesville Criminal Appeals Lawyer
Post-conviction relief options in Georgia
A criminal conviction can result in the deprivation of your freedom and other serious consequences, but the outcome is not necessarily final. You might have legitimate grounds for challenging the verdict on appeal and, if the appellate court agrees, you may get your conviction overturned, resulting in a new trial, or even the dismissal of your case. There is no guarantee of success, but hiring a Gainesville appeals lawyer from The Brownell Law Office to handle your case increases the likelihood of a favorable resolution.
Reasons for filing an appeal for a Georgia criminal conviction
You might be entitled to appeal a criminal conviction for one or more of the following reasons:
- The court violated your Constitutional rights or applicable rules by admitting evidence
- The court gave incorrect jury instructions
- The court abused its discretion or misapplied the law in making rulings
- The jury rendered a verdict unsupported by the evidence presented
- The sentence was excessive
- Your defense attorney rendered ineffective assistance of counsel
- New evidence has come to light since the trial
If you believe an error tainted your criminal proceeding, we can review the trial record thoroughly to identify all appropriate appeal grounds.
Types of criminal cases in Georgia that get appealed
In order to succeed on appeal from a criminal conviction, you need to convince the appellate court that the problem was significant enough to sway the verdict. For instance, the court’s improper admission of illegally seized substances can make defending a drug crime case successfully virtually impossible. On the other hand, demonstrating the prejudicial effect of improper jury instructions might be more complicated. Some grounds, such as abuse of judicial discretion or a verdict against the weight of the evidence, are more difficult to win on appeal. In most cases, your attorney will need to object to the error when it occurs.
The appeals process in Georgia
To appeal, your attorney must first file a timely notice of appeal and then arrange for the transmission of the trial transcript and other relevant case records to the appellate court. Your attorney must also file legal briefs containing applicable legal authority and arguments in favor of reversal on appeal. From there, oral argument is usually held before a panel of the appellate judges who question the attorneys from each side.
Possible outcomes for appeal
After considering each side’s briefs and arguments, the judges will take one of the following actions:
- Affirm the trial court’s decision
- Reverse (overturn) all or part of the decision and remand the case for a new trial
- Modify the sentence
- Dismiss the case against you
Appeals can be highly complex and frequently take a long time to resolve. From start to finish, you can rely on us for honest counsel and strong advocacy.
How our Gainesville criminal appeals lawyer can help
Even if we didn’t represent you at trial, a Gainesville criminal defense lawyer from our office can handle the appeal of your criminal conviction. First, we will pinpoint all of the potentially appealable issues and assess which have the best chance to succeed. If you retain us soon enough after the verdict, we will do everything we can to preserve your right to appeal, such as by filing a motion for a new trial. Then we will prepare and file all of the necessary paperwork in the appellate court. We are adept at preparing detailed briefs and delivering persuasive oral arguments to support your appeal.
Contact a determined Georgia criminal appeals lawyer
Located in Gainesville, The Brownell Law Office works hard to protect the rights of Georgia criminal defendants who have been convicted due to an error at trial. Please call 770-215-0184 or contact us online for a consultation.
