Seeking Justice on Behalf of Clients
Few things are more frustrating than being found guilty due to insufficient evidence or watching a loved one go to jail because of legal mistakes during the trial process. Families and individuals who have suffered because of illegal actions in a Georgia court deserve the chance to see the conviction overturned or avoid returning to jail in probation revocation. However, the appellate process can be complicated and overwhelming. This is where skilled appeals attorneys like those at Mones Law, P.C. can help.
An appellate attorney can offer advice based on years of experience in the Georgia legal system. They offer legal representation so the individual and their family can successfully navigate the appellate procedure and get the positive results they are looking for in the appellate court. Criminal appeals attorneys are crucial to seeking justice and ensuring the defendant’s rights are respected.
Our criminal appeals lawyers have helped countless clients in state and federal courts over the years. We understand the nuances of this delicate process. Our Atlanta, GA, appellate lawyers dedicate their time, energy, experience, and honesty to reversing mistakes and bad convictions in Georgia appellate courts. We promise to apply this same level of dedication to your case as you go through the appeal process. Call 678-616-2647 immediately for a free consultation, where you will learn how we can help you with your appeal.
How Does the Appeals Process Work in Atlanta, GA?
Human error often plays a part in the trial court system, and judges often disregard minor errors that don’t affect the conviction. However, sometimes, major mistakes or a lack of sufficient evidence result in unfair convictions during criminal trials. For this reason, the State of Georgia allows for criminal appeals where a criminal appeal attorney can represent clients who wish to have mistakes corrected or even get a new trial.
The first step in seeking a reversal or retrial in an appellate court is talking to an experienced appeals lawyer. Atlanta appeals lawyers have detailed knowledge of Georgia laws and can offer advice based on the individual’s unique situation. The attorney can also prepare and submit a brief to the appellate court to review the trial and determine whether the alleged mistakes merit further legal action. In some cases, this court will mandate a retrial or alter the verdict or the sentence. The prosecution will also have the opportunity to dismiss the case, which often occurs when they sense that their adversaries are strong legal opponents.
If the appellate court judges rule that the case should stand, there are still options for the individual and their criminal appeal attorney. The criminal defense lawyers may submit a writ of certiorari to a higher court, such as the Georgia Supreme Court, seeking to overturn the lower court’s decision. Our team of Atlanta appeals lawyers has extensive experience helping clients obtain justice, and we will apply this knowledge when pursuing criminal appeals on your behalf.
Who Is Eligible for An Appeal?
Understanding the difference between appearing before an appeals court and your original trial is crucial. While the case is presented along with all of the evidence in a trial, the appeals court considers only the facts surrounding the alleged mistake in the first trial. An appeal goes before appellate court judges, not a jury. These judges may let the original trial stand or adjust the verdict or sentencing. They may also vacate the original decision if significant mistakes were made, allowing you to have your case retried.
Some reasons an appeal may stand include:
- Problems with the evidence – If the evidence in your original trial was gathered illegally or is otherwise inadmissible, and it led to your sentencing, you could be eligible for your case to be lowered or dismissed.
- Errors in jury instruction – Jury trials often go wrong when the judge gives unclear instructions or fails to explain the law to the jury members. Jury members depend on the judge because they don’t have the legal expertise to make some decisions, and mistakes involving jury members could lead to a retrial.
- Illegal sentencing – If a judge or jury exceeds the legally allowed sentencing according to Georgia criminal law, the defendant could have the penalty lowered.
- Ineffective assistance of counsel – If your legal representative did not offer competent counsel during your original, this violates your constitutional rights, and you may be eligible for a retrial.
What Types of Cases Can Be Appealed in Georgia?
Individuals who are wrongfully convicted of a crime may appeal for a retrial or altered sentencing. This post-conviction relief is available in many different scenarios but should be attempted only with the help of knowledgeable Atlanta appeal lawyers. Appellate procedures are complex and require a great depth of legal understanding to achieve success.
Some criminal appeals our Atlanta, GA appeals lawyers handle include:
- White-collar crimes, including identity theft, embezzlement, fraud, and more
- Tax crimes, such as tax evasion and tax fraud
- Homicide
- Federal crimes
- Property crimes
- Medical malpractice
- Internet crimes
- Sex crimes
- Drug crimes
- DUI
Since the eligibility for appeal depends on mistakes made during the trial, the question is not so much what crime you were charged with. If you have been convicted of a crime in Atlanta, GA, and your sentencing was illegal or other legal mistakes made the results invalid, you can take action to get the decision reversed.
Our appellate team can help write a persuasive brief that convinces the appellate court to consider giving you a lower sentencing or a retrial. We are highly skilled in oral arguments and will prove a challenging adversary for any prosecution in criminal and civil cases. Contact Mones Law, P.C. immediately to learn how we can help you overcome unfair charges in an appeal.
What Results Can I Expect Following My Appeal?
One of the most important aspects of seeking an appeal in Atlanta, GA, is hiring experienced appeals attorneys who will represent you with confidence. Your lawyers should leave no stone unturned when investigating the original trial. They will start by submitting a written brief to the appellate court explaining why you deserve a new trial or a different sentencing. This lower court will consider the request and determine whether the alleged mistakes strongly affected the previous decision.
If the appeals court reverses or alters the conviction, you may get a lower sentence or see your conviction overturned. Depending on the circ*mstances, the appellate courts may also elect to give you a new trial. New trials offer the chance to introduce additional evidence, disregard inadmissible evidence, and have your case heard before a new jury.
If the lower court does not change the original court’s decision, you may still seek a reversal from the Georgia Supreme Court. They also have the power to change your original sentencing or give you a retrial. Having an Atlanta appeals attorney on your side can make all the difference in knowing what to submit and where throughout the appeals process. Call our appeals lawyers right away for the help you need.
Should You Hire Our Criminal Defense Appeals Attorneys?
When you or your loved one receives an unfair or illegal sentencing in the Atlanta area, you deserve to file an appeal and get the decision altered or reversed. Our appeal lawyers work diligently to get our clients the justice they seek when they are wrongfully convicted. Our attorneys understand Georgia law and are formidable advocates, often getting cases dismissed merely by posing a threat to the prosecution.
When you need advice or representation from attorneys you can trust, please call Mones Law, P.C. We promise to use all of our skill, integrity, and confidence when seeking the favorable results you need following an unfair conviction. Our lawyers will listen closely to your concerns and goals so we understand what you need. We treat each client as a valued individual, not just another case number.
Call our Atlanta, GA, appeals attorneys right away to correct mistakes in your original trial and get the results you need. You can reach us at 678-616-2647 to schedule your free 60-minute consultation.
