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What is the appeal process?

APPELLATE ATTORNEYS YOU CAN TRUST

An appeal is a petition for a higher court to review a lower court’s decision of a conviction. Appeals can pertain to both Civil and Criminal cases and should be handled by seasoned Appeal Attorneys. An appeal is essentially a review, at first by the Appellate Court, of what transpired in the trial court. Specifically, it is a review to determine if any mistakes of law occurred. An Appellate Court can reverse, vacate, or remand a trial court’s decision. 

Federal appeals are also used when dealing with Federal constitutional matters and when the appeals process has been exhausted at the state level. The Federal appeals process consists of the district courts, the Federal Appellate Courts, and lastly the Supreme Court.

Building a Case for An Appeal

When you are found guilty of the crime and handed a punishment by a judge, you have the right to request that the decision is reviewed by a higher court.

In Atlanta, that means appealing to the Georgia Court of Appeals or the District Courts of Appeals. Both of which we have considerable experience dealing with.

To have your appeal granted, you have to prove that you have a lawful reason for an appeal. This usually means proving that there were either errors made during your trial or your verdict was unreasonable.

These are areas our experienced appellate attorneys can help with. If there was even the slightest error in your trial, we will find it and use it to seek an appeal.

We will look at how well your original attorney represented you. If we find that they made errors that impacted your outcome, we can request an appeal. Likewise, if we can find fault with the judge or jury, we can present this information when requesting an appeal.

What is the appeal process?

Unlike trial and lower division court cases, appellate courts are not decided by juries but instead by a panel of judges. In Georgia for example the appellate court consists of a panel of three judges. 

An appeal is normally filed because of a desire to see a lower court’s decision overturned. There are many reasons to file an appeal however two major issues are perceived fault by either the original counsel the defendant received or trial mistakes made by the court. 

Other reasons for an appeal could also include illegal sentencing and issues with the evidence presented. An appellant has the option to take the appeal to the highest state court. In some states the highest court that handles appeals is not the state’s Supreme Court.

Representation From Experienced Atlanta Appeal Attorneys

Direct appeal

This appeal is filed directly with the trial court the original decision was made under. It is filed with the clerk of that court and must be filed within 30 days of the decision.

Discretionary appeal

A discretionary appeal must be filed directly with the Appellate court.

Timeliness is paramount for this appeal and an experiences appeals attorney is needed to understand the full process

Filing for
habeas corpus

A Writ of Habeas Corpus, is an extraordinary remedy. It is an order by a court with proper jurisdiction towards anyone who has a person under unlawful confinement or restraint.

Justifying a writ of habeas corpus can include ineffective counsel, illegal search or seizure, conviction based on an unconstitutional statute and ineffective jury instructions. 

What Happens During an Appeal?

It’s important to be aware that an appeal is not a new trial. You don’t get the chance to call witnesses, bring in new evidence, or present your case to a new jury.

When you are granted an appeal by The Georgia Court of Appeals, several experienced judges will look at your original trial.

The appeals process is a way to have a higher court evaluate your trial and the decision handed down from the judge. They will make a decision on whether or not it was lawful and just.

If an appeal is granted, a higher court has the power to change, reverse, or amend the decision from your first trial.

If the first court refuses the appeal, you also have options to take your appeal to higher courts. This is something we can discuss in more detail with you should the need arise.

Want to Appeal a Conviction?

If you think you’ve been treated unfairly, there were errors in your trial, or the verdict you were handed was unjust – we can help you by filing an appeal.

At Arora Law, we have a number of experienced appellate attorneys with a combined experience of more than four decades. Our attorneys are also experienced in handling criminal cases, so we understand the process from start to finish.

Call Arora Law at (404) 609-4664 or contact us online today for your free initial consultation. We proudly assist Spanish-speaking clients (Se habla Español) or Hindi.

Our Practice Areas

Drug Offenses

As soon as you are arrested or discover you are under investigation, the clock is ticking. To ensure the best possible outcome in your drug case, you need to act quickly and hire a criminal defense firm that is experienced, knowledgeable, and able to protect your rights during even the toughest litigation.

 

Appeals

When you decide to launch an appeal, every moment is critical. Moreover, criminal statutes have strict time limits on appeals, so you need to act quickly and hire an appellate attorney who has the experience, knowledge, and willingness to efficiently and effectively review your case’s entire court order.

Criminal Defense

At Arora Law, we handle all criminal law cases that include DUI charges, drug charges — from small-quantity possession to large-quantity manufacturing — and white-collar crimes such as fraud and forgery.

DUI Defense

A conviction for driving under the influence (DUI) becomes part of a permanent criminal record that follows you for the rest of your life. At Arora Law, we understand that serious offenses such as DUI call for serious litigation.

Expungement

Ultimately, when someone is arrested in Georgia, the impact could remain long after the case is closed. In addition, if a case is not closed out properly, it could lead to issues with employment, housing, financial loans, educational tuition, and the like.

 
 
 
 

White Collar Crime

At Arora Law, our attorneys have more than 4 decades of total experience protecting clients’ rights and reputations after facing charges of white-collar offenses. Moreover, as former prosecutors, we anticipate how the prosecution will build its case, enabling us to build a strong defense against harsh penalties.

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