If you have been convicted of a crime in DeKalb County, GA, you have precisely 30 days to file an appeal (or to file a Motion for a New Trial, which will extend the time for filing an appeal).
Starting a Georgia Post-Conviction Appeal
The process for starting the Georgia criminal post-conviction appeal process involves filing what is called a “Notice of Appeal.” A Georgia Notice of Appeal is a short written pleading that is filed with the Clerk of the Criminal Court where you have been convicted. You should contact us. We are GA criminal lawyers who can help you file a Notice of Appeal and can ensure that it is accurately written and properly filed.
If you do not know if you should file an appeal or need more time to decide, our Georgia criminal defense team can help with that, too. As an alternative to filing a Notice of Appeal, within the same 30 day deadline of sentencing, a written request can be filed asking the judge for a new trial. This is generally called a “Motion For a New Trial.” As noted, this MUST be filed within 30 days of sentencing. Experienced Georgia criminal defense lawyers, like the ones here at Shein, Brandenburg & Schrope, can prepare and file a Motion for a New Trial.
If a Motion for a New Trial is filed, then the deadline for filing a Notice of Appeal is delayed until the judge issues a ruling on the Motion for a New Trial.
Georgia Motion for a New Trial
In practice, here in Georgia, the best criminal defense teams file a Motion for a New Trial as a matter of routine. Filing a Motion for a New Trial can add several weeks or even months to the deadline for filing a Notice of Appeal. Let’s look at a hypothetical example. Assume your criminal trial ended on June 1st. On that day, the jury returned a verdict of “guilty.” However, the trial judge decided to delay sentencing for a couple of days. So, on June 3rd, you were brought back to court, and on that day, the judge issued the sentence based on the charge for which you were convicted. In our hypothetical, June 3rd is the key date for determining the deadline for filing a Notice of Appeal or a Motion for a New Trial. If no Motion for a New Trial is filed, then the Notice of Appeal must be filed no later than July 3rd (since June has 30 days and these deadlines are based on calendar days).
On the other hand, let’s assume that a decision is made to file a Motion for a New Trial. That must also be filed no later than July 3rd. It will take at least a few weeks for the judge to make a decision on the Motion for a New Trial. As such, the deadline for filing the Notice of Appeal might not happen until September, October, or later. The Notice of Appeal must be filed within 30 days after the judge rules on the Motion for a New Trial.
Speak With a Criminal Defense and Post-Conviction Appeal Team Today
Contact the criminal defense and post-conviction appeal team at Shein, Brandenburg & Schrope at the Federal Criminal Law Center for more information. We specialize in both Georgia and federal post-conviction appeals. Our firm knows how to assess an individual’s case fully and how to identify the strongest grounds for appeal. Contact us today by calling (404) 633.3797 or by completing our quick and convenient online form. We are located in Decatur, Georgia, not too far from Atlanta.