Clayton County Appeals Lawyer

Clayton County Appeals Attorney

When you are convicted of a crime, you may have the option of pursuing an appeal. Unfortunately, you cannot pursue an appeal without adequate grounds, and those grounds may not be immediately known to you. If you believe you have grounds for an appeal, you may consider pursuing it with the help of a Clayton County appeals lawyer. You should not have to accept the consequences of an erroneous trial or a judge’s misconduct.

The legal team at Miller North & Brill understands how important your appeal is to you. After all, you’ll want to exhaust any and all options available when your freedom is at stake. The appeals process may be the most effective option, but you need to be aware of the limitations before you begin pursuing it. An experienced criminal defense lawyer can inform you of everything you need to know before starting your appeal. The more informed you are, the better your chances of succeeding.

Understanding the Appeals Process in Clayton, Georgia

If you end up losing your initial case, there will be two options available to you. First, you can accept the decision and the legal penalties, even if you may not agree with the decision. Second, you can pursue an appeal of that decision through the Georgia Court of Appeals. Sometimes, the appellate court has the power to overturn lower court decisions, but only if the applicant follows the proper procedure and proves they have adequate grounds for an appeal, which may not be easy.

An appeal is an application to a higher court to look into your previous court decision. Appeals of certain capital cases will go straight to the Georgia Supreme Court. When you apply for an appeal, you are pursuing a review of the court’s decision, determining whether an error was committed during your trial, and learning whether or not the lower court’s decision can be reversed. You will only get your appeal if an error is discovered.

According to information gathered by the United States Sentencing Commission, there were over 1,300 individuals sentenced for various crimes throughout the state of Georgia in 2023. Of those convictions, 1,146 resulted in a sentence of prison only, and the average sentence was 66 months long.

Many of those individuals may decide to pursue an appeal if they are able to qualify. If you are unable to succeed in your appeal, you may want to consider reaching out to a prison reform and/or advocacy group, such as the Georgia Justice Group or Common Good Atlanta.

Different Types of Appeals in Georgia

In the state of Georgia, the Court of Appeals has the jurisdiction to consider criminal and civil cases alike, provided they come from lower courts. There are only a few different types of appeals that can be heard in a Georgia court. Even if you are able to have your case heard in the appellate court, that is no guarantee that your case will be overturned. Here are some of the different types of appeals that can be heard:

• Direct Appeals: A direct appeal goes right from the trial court to the appellate court. These are generally the result of a criminal conviction where the defendant immediately wants to challenge the conviction or sentence they were given.
• Interlocutory Appeal: An interlocutory appeal is a bit different. They are made before the trial court makes its final decision. These types of appeals are not common and are generally made in special circumstances when a decision needs to be made before the case has concluded.
• Discretionary Appeals: A discretionary appeal is a case that the Court of Appeals chooses to hear. The applicant is still required to provide a compelling and adequate reason for why the case should be heard in the first place. The court has discretion, but that does not mean the applicant’s case will be heard automatically. The appellate court still has to make the decision to hear it.

FAQs About Clayton County, GA Appeals Laws

How Much Does a Lawyer Charge for an Appeal?

There is no telling how much a lawyer may charge to cover your appeal. It depends largely on the details of your case and how complicated it may be to secure the appeal. There is never a guarantee of success with the appellate court. Their fee may be decided by their own experience and education, among other factors, such as the time they spend on your case. If your lawyer bills by the hour, a longer process will result in higher costs.

Can Any Lawyer Do an Appeal in Georgia?

Technically, any lawyer who is licensed to practice law can do an appeal in Georgia. Still, if you are in need of an appeal, you should consider hiring a lawyer who has experience handling cases similar to yours. Appellate cases and trial cases can be quite different. Certain types of skills are unique to appellate cases, so you should consider hiring a lawyer who has that knowledge.

On What Grounds Can You Appeal in Georgia?

In Georgia, you can appeal your case only on certain grounds. Those grounds include potential errors of law, errors of fact, abuse of discretion, new evidence, or some form of either prosecutorial or jury misconduct. Essentially, if you believe there was a glaring problem in your first trial, you should consider filing an appeal. Your lawyer can help you identify any grounds for appeal that occurred during your initial trial.

Can I Appeal Without an Attorney?

Technically, you can launch an appeal without an attorney, but it is not recommended. The appeals process is very complex, and you may not be able to achieve your desired outcome. There may be many different steps that you are unaware of. If you miss one, it could jeopardize your entire case. An experienced appeals lawyer can make sure you don’t miss anything, at the very least.

Contact a Clayton Appeals Lawyer From Miller North & Brill Today

At Miller North & Brill, we can help you prepare for and carry out your appeal. Contact us to speak with a valued team member about your case.