APPEAL ATTORNEY IN GEORGIA

Appeal Attorney in Georgia: Your Guide to Navigating the Appeals Process and the Reasons why Attorney Lloyd Matthews is a good choice to handle your Appeal

When the outcome of a trial doesn’t go in your favor, it doesn’t always mean the end of the road. There may be grounds for an appeal. This could be due to legal errors, overlooked evidence, or other issues. In Georgia, it’s vital to know the role of an appeal attorney. This is key for anyone thinking of using this legal option. In this guide, we’ll explore what an appeal attorney does, when and how to hire one, the appeals process, and much more. It will also be briefly explained why Lloyd J. Matthews is a good choice to handle your appeal and also Habeas Corpus will be mentioned, as the last resort when even the direct appeal has not been successful. 

Overview of Appeal Attorneys 

An appeal attorney, or appellate lawyer, specializes in appealing lower court cases to a higher court. Unlike trial lawyers, appeal attorneys focus on legal issues. They do not present evidence or question witnesses. Actually they do question witnesses but this is typically in the context of a motion for new trial. So “motion for new trial” is basically a part of the Appeal, according to our usage of the word. The appeal attorney’s goal is to find legal errors in the trial. They must argue that these errors affected the outcome. This would justify reversing or modifying the decision, or in some cases remanding it back to the trial court. It’s vital to hire an experienced appeal attorney. Lloyd Matthews has years of experience handling a variety of appeals both civil and criminal in nature. The appeals process is complex. It requires a deep understanding of appellate law and procedure. An appeal attorney must be skilled in legal research and writing. They must also be able to present persuasive and sound oral arguments. The only area where there are more chances to “mess up”, in comparison with the direct appeal is in the area of habeas corpus which has even more minefields that can result in an unsuccessful post-conviction effort. And the single reason for this unfriendly post conviction environment is summed up in the word Waiver. And a fancy word for that is Procedural Default (actually these are two words and they spell failure for the appellant).

Appeals in Georgia’s legal system 

In Georgia, the appeals process is vital to the judicial system. It ensures that justice is served. This process allows a higher court to review trial court decisions. It can affirm, reverse, or modify the original verdict. People often appeal because the trial court misinterpreted the law. They may also cite improper evidence rulings or errors that hurt the trial’s fairness. You must understand these reasons and their relevance to your case. It’s the first step in deciding if an appeal is needed, and if one will have a reasonable chance of succeeding., 

The Role of an Appeal Attorney in Georgia

What an Appeal Attorney Does

An appeal attorney’s role begins with a thorough review of the trial record. This includes the transcripts, evidence, and legal rulings. This review is vital. It finds any legal errors from the trial. Once these errors are found, the appeal attorney will draft and file an appellate brief. This is a written argument. It outlines why to reverse or change the trial court’s decision. The Appeal lawyer winnows out the weaker grounds for reversal of the conviction from the stronger grounds and usually only puts forward the strongest grounds with the best chance of resulting in a successful appeal. The Kitchen Sink approach is not the way to go. Oral arguments are another critical aspect of the appeals process. At this stage, the appeal attorney presents the case to a panel of judges. They answer the judges’ questions and elaborate on the points in the appellate brief. This requires a deep understanding of the law. It also needs quick thinking and the ability to explain complex legal ideas clearly.

Importance of Expertise in Georgia Law

Georgia’s appellate law has nuances that can affect appeal outcomes. For example, the state has strict filing deadlines and brief formats. These unique rules must be followed exactly. An appeal attorney with expertise in Georgia law will know these requirements. They will also have experience in the state’s appellate courts. 

Also, cases where Georgia law was key show the need for local expertise. In some criminal cases, Georgia’s laws may differ from federal ones. So, the choice of attorney is crucial. For example, has that lawyer ever filed and pursued an appeal of a conviction which came from one of the Superior Courts in Georgia? Or have they only experience with federal appeals in the 11th circuit?

When to Hire an Appeal Attorney

How to Choose the Right Appeal Attorney in Georgia

Experience and Specialization

When selecting an appeal attorney in Georgia, experience and specialization are paramount. Find an attorney who specializes in appellate law. They should have a proven record with appeals like yours. This specialization ensures the attorney is skilled in appellate practice. They can handle the unique challenges of your appeal. Lloyd Matthews has an unusual perspective since he has handled numerous jury trials as well as appeals. He knows what it is like to be a defense attorney in a trial court trying to avoid waiving a good appellate issue and being fussed at by the Trial Judge to “move on, counsel” and “have a seat, counsel”.

Track Record of Success

A strong track record of success in appellate cases is another key consideration. Check the attorney’s past cases. See how often they have successfully changed trial court decisions. Favorable outcomes in notable cases can show their skills and approach.

Consultations and Initial Assessments 

Before hiring an appeal attorney, schedule a consultation to discuss your case. In this initial meeting, the attorney should explain the appeals process. They should outline the challenges and honestly assess your chances of success. This consultation is a chance to assess the attorney’s communication style. You should feel comfortable working with that prospective appeal attorney. Lloyd Matthews, Attorney at Law, is known for providing as many consultations as are needed and he frequently arranges to have telephone talks with the inmate- the word “inmate” is used here, because after the accused person is convicted they are sentenced to prison, they go to Diagnostics in Jackson, Georgia and they ultimately go to one of the many State Prisons which darken the landscape of Middle and South Georgia ( not to mention Eastern Georgia!).

Client Testimonials and Reviews

Client testimonials can reveal an attorney’s reputation and service quality. Find reviews that praise the attorney’s skill, professionalism, and success. Positive feedback from past clients can boost your confidence in hiring an attorney. But you should not lose sight of an essential observation about appeals in general- in terms of likelihood of success, the majority of appeals are denied by the Georgia Court of Appeals and (in the case of Murder appeals) by the Supreme Court of Georgia. Beware the attorney who is painting too rosy of a picture for you. You want an attorney who will “keep it real”.

The Appeals Process in Georgia

Step-by-Step Guide

The appeals process in Georgia involves several key steps:

1. Filing a Notice of Appeal: The first step in the appeals process is filing a notice of appeal with the trial court. This document informs the court and the other party of your intent to appeal the decision to a higher court. Keep in mind that consistent with what was said earlier, the actual first step of the appeal is the Motion for New Trial. If that is denied, then the convicted person has 30 days to file a Notice of Appeal. Motion for New Trial is the earliest time to raise attorney ineffectiveness, if that is one of the grounds the convicted individual wants to raise. He or she is alleging that their trial defense counsel was ineffective in some crucial way, which harmed and prejudiced the defendant.
2. Preparing the Appellate Brief: The appellate brief is a written argument. It outlines the legal errors in the trial. It explains why the appellate court should reverse or modify the decision. This document is critical to the success of your appeal. The pages are numbered and it is double-spaced. New Times Roman is the font used. The submission of the Brief is governed by a time deadline. After the brief is submitted the State has the opportunity to submit their brief which will typically argue that either no error occurred, or if an error did occur, it was harmless and did not affect the verdict. The briefs are all electronically filed.
3. Oral Arguments: After the briefs are in, the court may schedule oral arguments. Your attorney will present your case to a panel of judges at the hearing. They will also respond to the judges’ questions. That’s where the ability to think on your feet is a skill that comes in handy. Lloyd Matthews can think both on his feet and on his keister with equal aplomb. 
4. The Appellate Court’s Decision: After reviewing the briefs and hearing arguments, the court will decide. The court may affirm, reverse, or remand the trial court’s decision.

Potential Outcomes 

The outcome of an appeal can vary depending on the specifics of the case. Possible outcomes include: 

• Affirmance: The appellate court agrees with the trial court. The original verdict stands
• Reversal: The appellate court overturns the trial court’s decision. This often leads to a new trial or a different outcome.
• Remand: The appellate court sends the case back to the trial court for a hearing on a specific issue. For example, if the appeal lawyer raised attorney ineffectiveness but a straight notice of appeal was filed (that is- no motion for new trial was ever filed and heard), the Court of Appeals may remand it back to the trial court so it can hear evidence on the alleged ineffectiveness issue.

Common Types of Cases for Appeal in Georgia

Costs and Considerations

Financial Aspects of Hiring an Appeal Attorney

In Georgia, hiring an appeal attorney can vary in cost. It depends on the case’s complexity, the attorney’s experience, and the appeals process. Typical costs may include attorney fees, filing fees, and costs to prepare the appellate record. It’s important to discuss these costs with your attorney. Know how they will impact your legal expenses. Lloyd Matthews Attorney at Law is known for charging very reasonable rates for his services for any appeal in the State of Georgia. 

Weighing the pros and cons

Before deciding to appeal, it is important to weigh the pros and cons. Weigh the benefits of a successful appeal against the costs and time. Also, discuss with your attorney the chances of success. If you are serving a Life Sentence and if you feel that your rights were violated, then surely those factors will weigh heavily in favor of pursuing an appeal. If you just had your probation revoked, and you were sent to prison, it’s a totally different process to appeal and your likelihood of success is relatively small- you may not wish to spend the money to hire an appellate attorney in that circumstance. In the context of family law, some appeals are “discretionary” in nature, so you should factor that into your decision as well. Alimony and child support decisions made in the trial court, if you want to appeal those- you must use the discretionary procedure outlined in the Georgia Code. Basically that means that you are requesting permission to appeal, as opposed to pursuing a direct appeal as a matter of right.

Conclusion

Appealing a court decision is complex and hard. It needs a skilled appeal attorney. If you’re thinking of appealing a criminal, civil, or family law case, know the appeals process. And the only way to gain knowledge here is to consult with an experienced appellate attorney. Unless you plan to research the law and pursue your appeal without an attorney, which may not be a wise move. Working with an experienced attorney can greatly affect the outcome and influence your likelihood of success. If you think you have grounds for an appeal from a trial decision in a Georgia court, seek legal advice. Contact a qualified appeal attorney to schedule a consultation and explore your options. Lloyd Matthews has handled numerous appeals and will provide you with as many free consultations as you need to enable you to decide whether you wish to hire Attorney Matthews or perhaps some other attorney. To “go it” alone is usually not a good way to do your appeal. You need a seasoned attorney in your corner. Lloyd Matthews fits the bill.