Aggressive Representation with a Passion for Helping People
Representation for Post-Conviction Matters Throughout Georgia
You have the right to appeal a criminal conviction and sentencing. In order to prevail, you need an experienced appellate attorney to educate you about your rights and handle your appeal. At Miller & Key, our appeals lawyers in McDonough represent clients in state and federal appeals throughout the state of Groegia. We provide legal representation for criminal appeals and post-conviction relief.
Have your case evaluated during a free consultation. Call (770) 515-0951 for an appointment.
It is the intermediate appellate court in Georgia. They have statewide appellate jurisdiction of all cases except those involving constitutional questions, murder, and habeas corpus cases where original appellate jurisdiction lies with the Supreme Court. The Court of Appeals may certify legal questions to the Supreme Court.
Appellate & Post-Conviction Legal Representation
Our appellate lawyers have extensive experience representing clients in criminal trial practice at the state and federal level. There are two types of grounds for filing an appeal, including the judge making a serious error during the trial or a trial attorney providing ineffective assistance of counsel. Our attorneys will carefully evaluate your original case to determine if errors were made that could result in having your conviction reversed.
Our McDonough criminal appellate attorneys appeal cases in order to:
- Obtain a new trial
- Reduce a federal sentence
- Withdraw a plea
- Vacate a case
Every situation is unique, so it is important to get advice that is specific to your case. We offer a free initial consultation to give you the opportunity to have your case reviewed by a knowledgeable attorney. We can assess your situation, determine if an appeal is possible, explain the process, and answer your questions.
What Happens When an Appeal is Accepted?
When an appeal is accepted, there are a few things that can happen:
- The judge can reverse the conviction and remand back to the trial court for a new trial.
- The court can keep the conviction the way it is ("affirming the conviction").
- The judge can remand the case back to the trial court for additional proceedings.
Also, if the court of appeals affirms your conviction, you may still be able to seek relief from a higher court through a writ or other habeas petition.
Take Immediate Action to Appeal Your Conviction
The deadlines for filing appeals in state and federal criminal cases are quite short, so don’t hesitate to contact our appeals lawyers in McDonough. If your appeal is not filed in time, the case will be dismissed. We will make sure that all legal requirements are met and your appeal is filed before the deadline.
In Georgia, all appeals are required to be decided by the courts of appeals to be docketed, once the appeal is docketed it will usually take 6 - 8 months.
How Do I Appeal a Case in Georgia?
There are three ways to file an appeal in Georgia. The three ways to file an appeal are Direct appeal, Discretionary Application to Appeal, or Interlocutory Application to Appeal. For a direct appeal, you must first file the notice of appeal with the clerk of the trial court that rendered the order being appealed. For a discretionary appeal, you must file directly with the court of appeals of Georgia, and for interlocutory application, it is only appropriate when the appeal is in regards to an order that has been rendered by the trial court while the trial is pending.