Georgia Appeals Attorney, Cobb, Fulton, Cherokee, Paulding, Douglas, Bartow, Dekalb, Gwinnett, Clayton, Forsyth, Hall

Georgia Appeals

Appeals

Our lawyers at Plichta, Alavi & Associates, P.C. have decades of experience successfully appealing wrongful convictions. We have experience with judges and justices in the Supreme Court of Georgia, Court of Appeals, Superior Court, and State Court where these appeals may be brought.

1. What are the types of Appeals? (Back to top)

There are many different types of appeals, based upon the unique circumstances of your case. You have a right to appeal any final decision rendered by a court in your case, except in cases in which that person has entered a plea of guilty or no contest.

There are several types of appeals. The most common being:

Motion for new trial
Appeal to the Court of Appeals
Appeal to the Supreme Court of Georgia
Habeas Corpus relief
Appeal to the Superior Court

2. How long do we have to file an appeal? (Back to top)

Typically, a criminal defendant has 30 days from the final date of the decision in their case, or conviction, to file his appeal with the court. However, in certain limited cases it may be possible for us to gain more time to appeal. Nevertheless, it is imperative that anyone who has a right to appeal should call us and set up an appointment at the earliest possible time so that we may prevent the appeal deadline expiring.

3. What are my chances on appeal? (Back to top)

We can only give a more specific idea as to the likelihood of success after meeting with the client, the client’s family, and evaluating all of the evidence and transcripts of the case.

We will attempt to give you a clearer understanding of your chances of an appeal when you meet with us in our offices.

4. What if I lose my first appeal? Is there anything else that can be done? (Back to top)

In most cases the first appeal attempted is not the only appeal available to the defendant. Most defendants have several chances to have their appeal heard by a higher court. Even in those cases that have gone all the way to the Supreme Court of Georgia, further appeals are still possible throughout the appeal process known as Habeas Corpus Relief.

Again, we are experienced with handling each of these types of appeals, and look forward to meeting with you and your family to discuss your options in greater detail.

5. Where would it be heard? (Back to top)

The first appeal in any case is typically held in front of the same judge and in the same courthouse where the original case was held. Nevertheless, as set forth above, some types of appeals may be heard by the Court of Appeals or the Supreme Court of Georgia. These courts are located in downtown Atlanta, Georgia and are heard either by three panel or seven judges in a case which the Court deems important. These appeals are more formal than either the State or Superior court appeals. However, interested family members or interested parties may still attend these hearings if they so choose and if the Court grants them the right. Incarcerated defendants are not present in court for these types of appeal hearings, but their family may be. Appeals in the Habeas Corpus cases are generally held before a judge in the same county where the defendant is currently incarcerated.

If you would like further information on the appeals process and how it may apply to you or your loved one, we have attornies available days, nights, and weekends.

6. Our loved one has just been convicted, and sent to jail, what happens next? (Back to top)

The appeal process should be started immediately. The first two items that will be done will be to order transcripts of all of the hearings that have already occurred in the case and to file for new trial with the court. All of the materials will be reviewed by our attorneys, who will meet with the client and family and then decide the issues to raise on appeal that are likely to result in a new trial or having a conviction overturned.

A more particularized motion for a new trial will then be filed outlining in greater detail the reasons why the conviction should be reversed by the judge. The judge will then order a hearing for a certain date, and we will begin to obtain witnesses, evidence, and research to support our arguments. The trial judge will then hold a hearing. If we are not successful at this stage of the process then further appeals may be attempted.

Act immediately! Contact our office as soon as possible so that we may advise you and your family on your appeal options and ensure any deadlines for filling your appeal may not be missed.

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