After a conviction, some people have valid reasons to have the matter reviewed and considered for changes to the sentence. Our law firm helps people who deserve their voice to be heard when they feel justice has not been served.
An appeal is a formal request submitted by a lawyer to affect a change to the decision by the court where the accused was tried. The appeal is submitted to a higher court which can overrule the lower court.
The party filing an appeal is referred to as the appellant or petitioner. The other party (the government) is the appellee or respondent. The appellant has a specific period of time to prepare and file documents that presents their legal arguments for a change to the existing decison(s). The government (prosecutor/court) prepares and send a response to the appellant. This is just the beginning of the process.
Appeals courts make their decisions based on written briefs and/or oral arguments. Generally, their objective is to determine if there were egregious errors in the prosecutorial or judicial process. After the arguments are presented, the appeals court judges meet to discuss the case. This will result in a judge issuing a written opinion (explanation of the decision).
If the appeals court agrees with the lower court’s judgment, or dismisses the appeal, the matter is over unless the apellant appeals to yet a higher court.
For an appeal to be successful, there has to be a reasonable belief that any perceived error would have substantially altered the outcome.
If the appeals court reverses the existing decision the appeals court sends the matter back to the lower court with a directive to do one of the following:
If an appeal is successful there will still be a short period of time for the decision to become reality. It can possibly take months for a successful appeal to cause a person to be released from incarceration.
Client charged with violation of felony probation in Cobb County based on new felony charges of false imprisonment in Athens-Clarke County.
by interviewing several witnesses to the crime in Athens. After this investigation, Mr. Zimmerman presented the information to the District Attorney who dismissed the felony charges. The dismissal of these charges resulted in a dismissal of the probation violation in Cobb County. Our client was never arrested.
–State v. Undisclosed
State v. Wiggins – Georgia Court of Appeals, A14A1545 (2015) (Court of Appeals granted our interlocutory appeal reversing the trial court’s denial of a motion to suppress in a large drug case that also involved seizure of money, cars, and a motorcycle).