Appeal Attorneys are professionals who have admittance to the Georgia Court of Appeals, Supreme Court of Georgia and United States Supreme Court. They argue cases on behalf of clients who have lost their trial in lower courts. If you’re looking for an Appeal Attorney in Atlanta, a here is all you need to know:
1. Reason for Appeals
Appeals are used to resolve errors made during the trial process. These errors can be technical or substantial, but in any case, an appeal can change the outcome of your case. Legal errors made during the trial include:
– The judge did not follow correct procedures when deciding your case. Whether this was due to carelessness or ill health, if it happened, the Court of Appeals may overturn the decision.
– There was a legal error in how evidence was handled or presented in court. This legal error could have rendered information presented by one party useless to their argument and you as a defendant might not have had a fair chance to defend yourself.
– The decision to convict you was a result of passion rather than reasonable conclusions. This means that the court’s decision is a wrong one and it should be set aside.
During an appeal, the court may have only a limited amount time to hear your case. Sentencing usually happens fast, within four months and while they may last longer, they can also end in minutes if you’re lucky like winning in lottery. In order to get your sentence reduced or overturned, you must have strong evidence of the trial error that needs to be corrected and it has to be done quickly because you do not get another chance like winning again in lottery!
3. How to Appeal
There are a lot of ways to appeal an error or a sentence you do not think is fair. One way is to start an appeal right at the first hearing and request that your sentence be set aside. Another is to file an appeal at the end of your case and have a new trial be set. This can happen with a 60 day notice if you’re requesting a new trial, if your appeal is based on another legal error, or if it involves jury instructions.
4. The Appeal Process
The Georgia Court of Appeals has three members (Chief Justice, Presiding Judge and Non-Permanent Justice) who hear cases for review during the appeal process. You have a right to appeal your case to the Supreme Court of Georgia, but you have to file a request in writing from the trial court. If you lost your appeal and are requesting another trial or sentencing, you have to file a notice in writing with the judge hearing your case. The judge will set a time and date for both parties’s witnesses and possibly the jury to come back with new findings. If both sides are unhappy with the result of the new trial, they may appeal again. This is called post-conviction relief or PCR and it is more complicated because it goes before another judge rather than just an appeals court. If you are convicted and are filing a PCR, the trial judge will notify you of the time and place of your PCR hearing. You have to serve a copy of this notice on at least one other person who can testify as to why they cannot testify in court. This can be done by having them personally deliver or mail this notice, or you can have someone else do it for you such as an attorney. This is your only chance to appeal so make sure you attend the PCR accordingly.
If you feel that your case was unfair, these appeals can help. However, you must file the appeal in a timely manner and be ready to present your case at the time of trial. Contact an Appeal Attorney today if you think this could benefit your case and set yourself up for a new hearing.