Although you might feel that a sentence in a criminal case is an immovable challenge, there are still some options left for individuals, including an appeal. Some decisions, however, can be appealed if a conviction is unfair or a trial was improperly conducted. If there was any improper or unlawful element in your trial, it is essential to retain the assistance of a skilled attorney who knows how to create a strong strategy to appeal this decision.
A notice of appeal must be filed by legal counsel within 30 days after the denial of the motion. While murder cases are only reviewed by the Georgia Supreme Court, all other criminal cases are reviewed by the Georgia Court of Appeals. Once the notice is filed, legal counsel will then file a brief describing the basis for the appeal. If the court grants legal counsel’s request for an oral argument, the attorney will also have the opportunity to argue the hearing orally before the Georgia Court of Appeals. If an appeal is denied, legal counsel will then petition the Georgia Supreme Court to review the case.
Different Types of Matters that can be Appealed
Appeals concerning mistakes in the law have the strongest chances of being successful. Some of the most common mistakes of law include ignored mitigating factors, penalty provisions, and sentencing factors.
In other cases, courts mistake facts during a sentence that result in the incorrect sentence being given to a person. To result in an appeals court requiring re-sentencing, the court must find that the factual errors in question were not significant to the ultimate sentence.
Appeals can also be based on the severity of a sentence. In these cases, a person often must demonstrate that the sentence is a significant departure from typical sentencing guidelines.
Reasons to Appeal a Conviction
For many individuals who have been convicted of a crime, it is important to appeal a case. An appeal lets a person and his or her legal counsel review certain areas of the proceedings to determine if an error was made. In some cases, an adjusted sentencing or retrial will be ordered by a court. To increase the opportunity for a successful outcome, our legal counsel will determine if any errors were made by the opposing legal counsel, examine statements made by law enforcement and witnesses, and review all evidence that was introduced throughout the trial.
Obtain the Assistance of a Skilled Criminal Defense Attorney
The purpose of an appeal is so that another court can determine whether an individual received a fair trial. If a judge in a court of law made a mistake that caused prejudice or any element that affected a trial, the conviction must be overturned. If you are interested in discovering more about a potential appeal of your criminal conviction, contact a skilled attorney who understands how these changes are made. Contact the Federal Criminal Defense Law Center today to learn how our legal counsel can help.