Georgia Criminal Appeals
Our firm has helped dozens of people reverse wrongful convictions and get out of prison.
In this video, Page Pate explains how to file and win an appeal in a Georgia criminal case:
As this video explains, appealing a criminal conviction in Georgia usually takes several steps.
Although a person has a constitutional right to file a direct appeal immediately after being convicted at trial, we almost always recommend first filing a motion for a new trial. We have helped several clients get a new trial by convincing the judge that he or she made a legal error during the trial, or by showing the judge that our client’s first lawyer was constitutionally ineffective. Even if the motion for new trial is not granted, we can use the hearing on our motion to develop evidence that will help us convince the appellate court to reverse the conviction and release our client from jail.
Most appeals in criminal cases will be filed in the Georgia Court of Appeals, but some cases can be appealed directly to the Supreme Court of Georgia. Our firm has won appeals in both the Court of Appeals and the Supreme Court when our client. In some cases, we have persuaded the appeals court that there was insufficient evidence to support the conviction. When that happens, the client is released from prison and cannot be tried again for that crime. In other cases, we have shown that our client did not receive a fair trial due to legal errors or an incompetent lawyer. When that happens, the conviction is reversed and the client is entitled to a new trial.
If the direct appeal is not successful, we can assist our client with a petition for habeas relief. A habeas petition is filed in a different court, before a different judge, and is usually based on constitutional errors like ineffective assistance of counsel. Our firm has won several habeas petitions and helped our clients avoid decades of prison time.
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Page Pate explains why we work so hard for our clients in serious criminal cases.