When you appeal a conviction, it’s important to choose a lawyer who understands the criminal justice system, laws, and procedures. A good Georgia criminal appeals attorney will work hard to protect your rights and give you a chance at a new trial.
Most appeals are filed based on errors in the original trial. However, some appeals also challenge existing law.
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Habeas Corpus
Habeas Corpus is a legal procedure that is meant to prevent citizens from being imprisoned without due process or valid evidence. It was introduced into our nation’s Constitution in order to protect citizens from arbitrary arrests and detention.
A writ of habeas corpus challenges the validity of a conviction, but it does not reverse a verdict. It is a post-conviction proceeding that can be filed in state or federal court.
If you have been convicted of a crime in Georgia and would like to appeal your case, our criminal appeal lawyers in georgia are available to assist. Appeals are a critical part of the post-conviction process and require skill, knowledge, and experience.
Our firm routinely represents individuals in a variety of Georgia post-conviction proceedings, including a Georgia or federal writ of habeas corpus. Contact us today to discuss your options for challenging your conviction.
Post-Conviction Remedies
Post-Conviction Remedies are available to defendants who have been convicted of a crime and want to challenge their conviction. They can be used to claim innocence, obtain a new trial, obtain a lower sentence, or challenge ineffective assistance of their original defense counsel.
In Georgia, criminal appeal lawyers are well-versed in this process and understand the laws that apply to these cases. They can help you navigate your case through the appellate process and give you a good chance of getting your conviction overturned.
Post-conviction relief is one of the last remedies a defendant has when trying to overturn a conviction. However, it is only available in certain circumstances and requires a strong and knowledgeable criminal defense attorney to ensure the defendant makes a valid case.
Appealing a Conviction
If you are convicted of a crime, it is only the beginning of a long and complicated legal process. You need a skilled lawyer who is well-versed in Georgia law to represent you on appeal.
Criminal appeals are often possible if a trial court made errors that negatively affected your case. These may include evidence not being properly introduced or if the prosecutor acted illegally.
The appeals court can rule in one of three ways: affirm the verdict, make specific corrections to your case, or remand it back to the lower court.
At Kushner Law Group, we understand the process of appeals in Georgia and how to help clients get their convictions overturned or corrected. Contact us today to learn more about your options and schedule a confidential case review with a seasoned attorney.
Appeals in Georgia
If you are convicted in Georgia of a crime, you have the right to appeal your conviction. This means a higher court may overturn your conviction and order you to get a new trial.
An appeal in Georgia involves a review of the evidence and the trial process by an appellate court. The appeals court judges look for errors that may have resulted in a wrongful conviction or a miscarriage of justice.
When filing an appeal, your Atlanta criminal defense attorney will prepare a brief arguing that a mistake was made during the trial. The appeals court justices will then consider this and decide if they will take your case.
Some common grounds for appeal include insufficient evidence, improper jury instructions or a violation of your right to a fair trial. Ineffective assistance of counsel can also be used as a reason for appealing your conviction.