An appeal is the process in which a person challenges the decision of a lower court by asking a higher court to review the decision. The most common type of appeal occurs when an individual challenges a conviction from trial court and requests that the matter is brought before an appellate-level court for review. The Georgia Appellate Practice Act gives those convicted in a Georgia court the right to appeal their conviction. Not every conviction is appealable. A person's ability to appeal is largely dependent on the conviction they have sustained and in what court they received their conviction.
A common reason for appeal is the belief that some legal error took place in the preceding trial. Legal errors include discrimination, the presence and use of inadmissible information, as well as mistakes by counsel, judges, and jurors alike. The burden is on the convicted defendant to affirmatively show that the judgment was erroneous by specifically alleging errors. Also note that a convicted party can forfeit his appeal right through his own conduct or in concert with his attorney by purposefully delaying or abusing the appellate process.
To appeal your conviction, you must file a Notice of Appeal within 30 days of the judgment. The law limits the amount of time you have to file an appeal, and once this time has run, the decision from the lower court will likely remain.
Our attorneys are capable of handling criminal cases in both federal and state courts throughout Georgia and will work hard to ensure that you receive the best representation possible under the law. The decision of whether to file an appeal is an important one, and the decision is best made with the advice of competent legal counsel. If you would like to set up a consultation with one of our criminal defense attorneys regarding an appeal, please call our office at (770) 461-2025.