Appeals & Habeas Corpus Lawyer In Georgia

Metro-Atlanta Appeals & Habeas Corpus Criminal Defense Attorney

Serving Atlanta and Surrounding Areas, Including Cartersville, Canton, Decatur, Jonesboro, Lawrenceville, Marietta, and McDonough.

You have the right to request an appeal in the event that you feel you are facing an unfair conviction. Here at the Law Office of Lloyd J. Matthews, Attorney Matthews is committed to assisting you with Appeals. For more free information specifically on Appeals you can also check out our Blog.

What Exactly Is An Appeal?

An appeal is a request to a higher appellate court to review and change a lower court’s decision and is usually filed by defendants desiring to overturn a guilty verdict. The defendant can challenge the conviction itself or can appeal the sentencing decision of the trial court.

What Is The Difference Between An Appeal And Habeas Corpus?

Appeals are used to fix the mistakes that occurred during the case; the appellate courts will not look at new evidence and will only consider what they discover within the file. If you feel that the trial judge made a legal error in the course of your criminal case you will want to file an appeal. It is NOT the best option if you want another attempt at a Not Guilty verdict in front of a jury or judge.

If you desire that the appellate court consider evience that the trial judge might not have possessed, we recommend you file a habeas petition, which is used when a legal mistake occurred that led to a loss of your rights.

What Is A Writ Of Habeas Corpus?

Defendants believing they have been wrongfully imprisoned or wish to challenge the conditions in which they are being imprisoned may seek help from a court by filing a petition for a “writ of habeas corpus,” which is a court order to a person or agency holding someone in custody to bring the imprisoned individual to the court issuing the order.

This gives jailed suspects the right to ask a judge to release them from imprisonment or order an end to their unjust jail conditions. Habeas corpus relief aims to guarantee that people’s rights will not be because of long periods of unfair imprisonment. Be advised, the right to ask for relief is the same as the right to get relief; the courts do not grant writs of habeas corpus often and will need clear and convincing evidence to do so.

Post Conviction Options

Depending on how immediate your case is, you can choose to file either or both an appeal and petition for habeas corpus. A habeas corpus petition can be filed in both state or federal court, but all state options must be completed before filing in federal court.

Generally, the steps for post-conviction relief are listed below:

1. Appeal to state appellate court – argues there were errors in the trial that require correction.
2. Petition for rehearing to state appeals court – requests a decision change from the appeals court judges.
3. State court habeas corpus petitions – requests that the state court order the prison or jail holding the defendant to free them or change the incarceration conditions because the defendant’s constitutional rights have been violated.
4. Federal habeas corpus petition – requests that the federal court order the prison or jail holding the defendant to free them or change the incarceration conditions because the defendant’s constitutional rights have been violated.
5. State supreme court appeal – requests that the state’s highest court review and overturn the decision of the mid-level appellate court.
6. US Supreme Court appeal – requests that the Nation’s highest court intervene to correct a mistake on the part of the state courts which violated the defendant’s rights defined in the US Constitution.