In Georgia, a criminal case begins in any of the 157 county court systems of the state. Each County has a Superior Court, a State Court, and a Municipal Court. If someone has been convicted after a trial in any of the court systems of the county, there are different procedures available which may be used in order to challenge the conviction. These are what we refer to as an “appeal.”
The criminal appeals process in the state of Georgia has several steps. Even though a person has the constitutional right to appeal after a trial conviction, it is recommended to first file a motion for a new trial. There are different ways in which a person can get a new trial. To convince the judge that they have committed a legal error in the trial is one of them. Another way is to show the judge that the accused’s first lawyer was ineffective constitutionally. In the case that this motion for new trial isn’t granted, the hearing can be used for developing evidence that will later help in the appeal process.
Most of the appeals in criminal cases are filed in the Georgia Court of Appeals, or, in some specific cases, it can be done directly to the Georgia Supreme Court. In both cases, if the appeals court is convinced that there is not enough evidence to support the conviction, then the person will be released from prison and won’t be tried again, at least for that crime. Or, if it can be proven that the person didn’t receive a fair trial, because of the presence of legal errors or an incompetent lawyer, then the conviction can be reversed and a new trial will take place.
And what happens if the direct appeal is not successful? Then, the client can request a petition for habeas relief. This habeas petition needs to be filed in another court, with another judge. It is generally based on constitutional errors, such as ineffective counsel or assistance. The habeas petition is another way in which the accused can be helped and avoid prison.
If you’ve been convicted in Georgia and now need to appeal, the first thing you should do is go through all of the different possibilities and be assessed by a good lawyer who knows what they are doing. We recommend seeking assistance from appeal lawyers who can handle all kinds of appeals and offer a commitment to deliver results.