Appeals are nothing like trials, you already have the bulk of the justice system against you, so you need proper legal support now more than ever. Working with the right Atlanta appeals attorneys for your case can impact your appeal, and reduce the stress you go through during the process.
During an appeal, lawyers employ different skill sets than during a trial. They will turn to research and analyzing small bits of the law that can change the outcome of your verdict. A good Atlanta appeals lawyer at Howard & Arca will strive to persuade judges with a convincing argument while also addressing the concerns from your case.
The best part about bringing in an appeals attorney is the fresh perspective that comes with them. Unlike your criminal defense lawyer, they often haven’t spent weeks or months pouring over boxes and boxes of documents.
Defense lawyers might spend hours looking through the same material and end up with a single version of events. Appeals lawyers take a different stance, as they look at the bigger picture. It’s possible that the trial court committed a reversible error or that the conduct in your trial was not in accordance with Georgia law.
What’s more, is that you don’t have the chance to speak in front of your peers. Appeals courts don’t rely on juries, so it is one judge sitting in front of you making life-changing decisions. An appeals lawyer should understand the gravity of your situation.
If you or a loved one have been wrongly convicted, call the appeals lawyers at Howard & Arca today. We will give your case a risk-free evaluation and take a fresh approach to uncover any avenues which may result in your conviction being overturned.
How Long Do I Have to File an Appeal?
In general, you only have 30 days to file an appeal. It is critical that you handle this time frame with extreme care. If you submit paperwork after hours or even one day outside of the window, it may mean that you have lost your chance to appeal your case.
In some cases, there may be discretions in the general appeal procedure. You may have access to various rounds of appeals, or even the opportunity to explore different appeals at different times. When you have a special case, it is vital that you contact an appeals attorney.
Our Atlanta appeals attorneys will guide you through the specifics of your case and what time frame you’re working with for your situation. For example, those who need to file their appeal, and have 30 days to do so, during the holiday season get no special treatment. Although the courts are closed for many days throughout December and early January, these will often still count as days within your appeals window.
Appeals lawyers in Atlanta should offer expert opinion or advice on how to submit your document best. They can advise you on which forms are necessary and on what grounds for an appeal that you have a reason to pursue.
In some cases, you will not have access to another round of appeals, meaning that you need to find out what went wrong with your case and appeal it correctly the first time.
On What Grounds Can An Appeal Be Filed?
Having a conviction or guilty verdict isn’t the end of the line. You still have your chance to correct the wrongs that took place during your trial. Take this opportunity to do everything you can to show that something went wrong during your case.
One of the most concerning, and rather common issues, which is a ground for appeal is the judge making legal mistakes. Although many judges take their job seriously, and strive to provide fair and just upholding of the law, other judges miss the mark. The question really comes down to did the judge make a legal mistake that could result in the reversal of your case?
An appeals attorney will evaluate your case, and the conduct of the judge to determine if this is a possibility. It’s not unheard of that a judge ruled too strongly, or without thought to the evidence at hand. If this occurred in an Atlanta professional license defense case, not only could you face large penalties or jail time, but your career may be over as well.
Another issue that is grounds for an appeal is if your trial lawyer failed to do their job. This failure happens more often than people care to admit, but trial lawyers can hit a point where they throw in the towel.
If your lawyer talked you into submitting a guilty plea or taking a deal in exchange for the admittance of guilt, you need help. You can still fight for your freedom even after entering a guilty plea.
Ineffective assistance of counsel is grounds for an appeal. Get the help of an appeals attorney to find out what your options are now.
What is Habeas Corpus?
What habeas corpus does is provide a guarantee that the person arrested has a right for a hearing in court to decide if the arrest and imprisonment were legal.
Habeas corpus stands to prevent and in some cases correct, unlawful imprisonment. Habeas corpus is available to those who lost an appeal or did not appeal but are incarcerated in violation of their rights within the Constitution. Essentially it’s legal protection.
When those convicted of a crime file a writ of habeas corpus they’re not questioning the verdict of the trial. They are bringing to light the root issue that the arrest was not lawful. In the cases where you can prove that the arrest was unlawful, that person must be set free.
Atlanta appeals attorneys approach habeas corpus as a review process. They will go through all of the motions involved in the arrest and imprisonment to identify if there were any constitutional issues. Expect a full deconstruction and reconstruction of your case as part of this process.
Filing for appeal as a writ of habeas corpus can take a long time. It’s complicated, and it’s often expensive, but if it’s your chance at freedom, it’s worth it to not live for years wrongfully incarcerated.
What is Post Conviction Relief?
When you work with an Atlanta appeals lawyer, you have a knowledge resource available to guide you through all of your options. One of those options is for post-conviction relief. Post-conviction relief includes filing a writ of habeas corpus or motioning for a new trial or appeals.
Not every defense attorney is able or available to handle appeals, which is why it’s best to hire an appeals attorney. If you were convicted, or you submitted a guilty plea under bad advice, you still have options. Post-conviction relief options for appeals are often specific to your trial.
You may have the chance to have a whole new trial or to submit appeals for reconsideration of your verdict or sentencing. This type of relief acts as a check and balance to ensure that everyone receives fair treatment through the justice system.
If your defense lawyer failed to do their job, or just wasn’t very good at representing you, you need post-conviction relief.
Habeas corpus, another form of post-conviction relief, is an option that many pursue after they lose an appeal. For this type of post-conviction relief, you need assistance from a knowledgeable and experienced appeals lawyer in Atlanta.
Contact Our Atlanta Appeals Lawyers
Losing your criminal case doesn’t mean that the book is closed and there’s no more hope. The success in appeals is astounding, and for many people, it’s their only chance at freedom. The first trial which led to the guilty verdict and conviction could have had any number of errors.
If the judge made a legal error, or if your attorney failed you, you have the chance to keep fighting. Post-conviction services such as appeals and filing for habeas corpus are available because professionals make mistakes in criminal court cases.
When you choose to work with an appeals lawyer at Howard & Arca, you get someone who puts their focus on finding the legal nuances that impacted your case. Have someone knowledgeable, and experienced take a fresh look at your case and your trial.
They’ll ask questions that your defense lawyer might not have considered such as, was it right for the cop to arrest you? Defense attorneys don’t typically have any expertise in these matters, and it can be hard for them to look at the case from a different angle.
Contact the Atlanta appeals attorneys at Howard and Arca to discuss your legal options after a conviction. Getting this help may be your only chance not to lose many years wrongfully incarcerated. Call us today to schedule a risk-free consultation with one of our expert appellate lawyers.