Georgia Appeals Process 2025 – All You Need to Know

Being convicted of a crime can be a harrowing moment, but there’s a chance that your conviction may have been an error. If that’s the case, you should pursue an appeal with the help of an experienced appeals lawyer. However, you will not be able to pursue that appeal unless your case qualifies for such a reevaluation. You should consider reaching out to a lawyer for more information on the Georgia appeals process.

Appeals in Georgia

According to a 2023 report from the United States Sentencing Commission, over 1,300 people were sentenced for certain crimes throughout the state of Georgia. The vast majority were sentenced to prison only, at 1,146, while 119 received a sentence of probation.

Many of those people may choose to pursue an appeal if they learn there were mistakes in their trial. Succeeding in your appeal will not be easy, but it’s important that you don’t lose hope. If you cannot succeed, you may want to reach out to a local prisoner advocacy group, such as Common Good Atlanta.

The Georgia Appeals Process

If you end up losing your trial and are convicted, regardless of the crime, you will essentially have two options. You can either accept your sentence and go through with the penalties, even if you feel you were not treated fairly, or you can appeal the decision by submitting a request to the Georgia Court of Appeals. The appellate court may be able to reverse the decision made by the lower courts, provided you have adequate grounds to appeal.

The appeals process in Georgia can be complicated. There are many different steps involved that you will need to execute correctly and without missing certain deadlines. That’s why an appeals lawyer is so vital to your case. You can technically pursue an appeal without a lawyer, but that isn’t recommended. Without the legal knowledge and experience of an appeals lawyer, your chances of success will be much lower.

Here are some of the steps in the Georgia appeals process:

• Filing a motion for a new trial. Once the judge has sentenced you, your lawyer may begin the appeals process by filing a motion for a new trial within 30 days of that ruling. The motion is filed in trial court. If you want to file directly with the Georgia Court of Appeals, you can. This step may not be mandatory for every appeal. This motion may be a good start, especially if you choose to hire a different lawyer to represent you.
• If your motion for a new trial is denied or you choose to forgo that step, you will then file a notice of appeal within 30 days of the first motion’s denial or after you have been convicted. This step may take some time, as a transcript of your first trial has to be prepared for the appellate court.
• If your direct appeal to the court does not work, your next step would be to take your case to the Georgia Supreme Court. However, they may not choose to hear your case. You do not have the automatic right to pursue this option. Your appeals lawyer needs to file a petition for Certiorari, which requests permission from the Supreme Court to hear your case. They may choose to hear your case after all, but there are no guarantees.

FAQs

What Is the Appeal Process in Georgia?

The appeal process in Georgia is a possible option for you to have your conviction overturned and potentially get a new trial, provided your case qualifies for such a reevaluation. The process begins with filing a notice of appeal within 30 days of your conviction. The appellate court will then evaluate your case and determine if it qualifies for appeal. If they turn it down, you may have additional options open to you.

What Are the Main Steps in the Appeals Process?

There may be many steps in the appeals process, depending on the way you choose to go about it. Generally, the main steps involved in the process are:

• Filing a notice of appeal with the appellate court.
• Assembling all the proper documents from the lower court that are relevant to your case.
• Preparing and filing an appellate brief that explains your arguments for why you feel you are owed a reevaluation of your case.
• Both lawyers engage in oral arguments for the judge.

How Successful Are Appeals in Georgia?

Generally, appeals in Georgia are not very successful, particularly in criminal cases. Many times, there were no errors in judgment or fact in a criminal or civil case. An appeal can only be considered if there were significant errors in the first trial. However, you may still have a strong chance of a successful appeal, depending on the details of your case. Your lawyer may be able to help you make a plan and find out whether you qualify.

Is Pursuing an Appeal Worth It?

Whether pursuing an appeal is worth it is something you will have to determine for yourself.  For many, it could be the difference between freedom and incarceration. Ultimately, you will have to decide on your own. Finding out if you qualify for an appeal may be a good place to start. A lawyer can help you decide if an appeal makes sense for your case.

Reach Out to a Georgia Appeals Lawyer Today

There are many different steps in the Georgia appeals process. Depending on the way you choose to pursue your case, the process may be particularly complicated. A good lawyer can help you devise a strategy and work on building a strong case for your appeal.

The legal team at Miller North & Brill is aware of how important and significant your appeal may be. You’ll want to exhaust every option available to you when it comes to pursuing an appeal. This may be an effective option to revisit your conviction, and a skilled lawyer can help you build a strong case.

Our experienced attorneys understand the complexities of the appeals process. We can offer you assistance as needed. Contact us to speak with a team member about your case.