What is Post-Conviction Relief?
Post-conviction relief is a legal procedure that is available to individuals who have been convicted of a crime and sentenced in a court of law. This procedure provides a means for these individuals to challenge their convictions, sentences, or both. There are several levels of post-conviction relief available in Georgia, including a motion for new trial, direct appeal to the Georgia Court of Appeals, and in some cases, an appeal to the Georgia Supreme Court.
Additionally, a defendant may file a habeas corpus petition, wherein they can challenge the legality of their detention or imprisonment, or seek other forms of relief in certain circumstances.
If you have been convicted of a crime, it is possible to seek post-conviction relief with the help of an experienced post-conviction attorney. Arora Law has extensive experience in handling post-conviction relief cases in Georgia, with our appellate lawyers Manny Arora, Devin Rufus and Jennifer Hyman having filed appealed cases before the Georgia Court of Appeals, Georgia Supreme Court and the 11th Circuit Court of Appeals.
Post-conviction relief can be difficult to achieve, but you can rely on the post-conviction attorneys at Arora Law. We are committed to providing you with sound legal advice regarding the pursuit of post-conviction relief, and will leave no stone unturned to ensure you are given the best possible result. Call us now at (404) 609-4664 or contact us online for a free initial consultation. We proudly assist Spanish-speaking clients (Se habla Español) or Hindi.
Examples of Post-Conviction Relief
Motion for New Trial
One example of post-conviction relief is a motion for a new trial. This motion is filed after a conviction, and it seeks to have the conviction set aside and a new trial ordered. The grounds for a motion for a new trial can vary, but they often include newly discovered evidence, legal errors by the judge (in their rulings), errors in jury instructions, or prosecutorial misconduct.
A motion for a new trial can be filed by the defendant within 30 days after the entry of the conviction and sentence. The motion is typically heard by the same judge who presided over the trial, and it can be granted or denied. If the motion is granted, a new trial will be scheduled, and the defendant will have another opportunity to challenge the charges against them.
Appeals
If a motion for a new trial is denied, the defendant may file an appeal. An appeal is a request to a higher court to review the decision of the lower court. In Georgia, the appellate court that hears most criminal cases is the Georgia Court of Appeals. However, in some cases, a defendant may have the right to appeal directly to the Georgia Supreme Court.
Appeals Process
The appeals process is a complex and time-consuming process. It involves filing a notice of appeal, preparing and submitting briefs to the appellate court, and arguing the case before the court. The appellate court will review the entire trial record, including the evidence presented, the arguments made by both sides, and the decisions of the trial court. The appellate court will then issue a written opinion that either affirms the decision of the trial court or orders a new trial.
Motion to Modify Sentence
Another form of post-conviction relief is a motion to modify a sentence. This motion is filed after a defendant has been sentenced, and it seeks to have the sentence changed in some way. The grounds for a motion to modify a sentence can include factors such as the defendant’s age, health, or prior criminal history. This must be filed within one year after the conviction and sentence.
Trust in Our Seasoned Post-Conviction Attorneys in Georgia
If you seek some form of post-conviction relief, you will find no better legal counsel than the experienced post-conviction attorneys at Arora Law. We will work tirelessly to make sure you are given the best post-conviction outcome.
If you or someone you know has been convicted of a crime and is interested in exploring post-conviction relief options, please contact us today. Our team of experienced litigators can help you navigate the complex legal process and fight for your rights.
