Atlanta Criminal Appeals Attorney
While many people put a great deal of faith and trust in the criminal justice system, it is not perfect. Unfortunately, sometimes people are found guilty when they shouldn't have, based on decisions made by the court and the quality of representation during the trial. When this happens, an appeal of the verdict is an option which is available and sometimes very beneficial.
An appeal is basically a petition to a higher court to review, and ideally overturn, a verdict or sentence that occurred in the previous lower court. A higher judicial authority (also known as the higher court) has the power to reverse the verdict or sentence of a lower court and impose a different decision. If a higher court finds that legal errors are present, the court may reverse the decision, reduce the sentence, or order a new trial.
Criminal Appeals Post Conviction
After being found guilty of the crime in which the defendant is charged, their life can often feel like it has been turned upside down. Sentencing might have been harsh and strict life altering legal penalties are imposed. Luckily, if the defendant feels as though the court came to the wrong decision, he/she is entitled to an appeal to a higher court. In determining whether or not to overturn the decision of the lower judicial authority, the court will review the trial transcript and some basic facts which apply to the previous case. There is no live testimony in a criminal appeal.
Potential items for the higher court's review would be:
- A violation of the defendant's Constitutional rights
- Ineffective or unqualified legal representation
- Exclusion of jurors by the prosecution for any improper circumstance, like the potential juror's race or gender
- Exculpatory evidence withheld by the prosecution
- Realization that the judge presiding over the case had an unknown prejudice
- Newly discovered evidence which is instrumental in proving your innocence
Atlanta Appeals Post Conviction Attorney
If anything in your previous criminal case did not follow the letter of the law you have an opportunity to appeal the decision of the court and a chance to overturn their decision! This is an opportunity you cannot take lightly. We can help you prepare your appeal and also inform you of all designated timelines involved in the appeals process.
When you seek the counsel of an Atlanta criminal attorney who has experience with appeals post conviction, you can ensure you are protecting your rights and effectively challenging the lower court's rule with substance. Contact us to begin consultation on your appeal post conviction.