Receiving a criminal conviction can leave you wondering what options remain after the trial has ended. An unfavorable verdict or sentence does not necessarily mean every legal avenue has been exhausted, but an appeal is governed by specific rules and deadlines. Unlike a new trial, an appeal generally focuses on whether legal errors occurred during the original proceedings. Understanding how the process works can help you recognize when it may be appropriate to seek appellate review.
What Is a Criminal Appeal?
A criminal appeal asks a higher court to review a lower court's decision for legal error. The appellate court generally examines the existing record rather than conducting a new trial or hearing witnesses again. This means the issues raised on appeal must typically be supported by what occurred during the original proceedings.
The Georgia Court of Appeals and Supreme Court of Georgia handle different categories of appellate cases. Which court has jurisdiction depends on the nature of the case and the decision being challenged. The applicable procedure can also vary depending on whether the matter involves a direct appeal or another form of post-conviction relief.
What Issues Can Be Raised on Appeal?
An appeal is not simply an opportunity to argue that a defendant should have received a different result. The appeal must identify a legal or procedural issue that can properly be reviewed by the appellate court.
Common issues may include:
Evidentiary errors: The trial court may have improperly admitted or excluded evidence that affected the proceedings.
Jury or procedural errors: Problems involving jury instructions, juror conduct, or other trial procedures may provide grounds for appellate review.
Constitutional violations: Certain violations involving a defendant's constitutional rights may become relevant when reviewing the trial record.
Not every mistake will result in a conviction being overturned. Appellate courts consider the nature and significance of the alleged error and whether it provides a legally recognized basis for relief.
How Does the Appellate Process Work?
Once an appeal is initiated, the case moves away from the trial-focused process and toward written legal arguments and review of the record. The appellate court generally considers the transcript, exhibits, filings, and other materials that make up the record.
The process may involve several important steps:
Notice of appeal: The appropriate notice must be filed within the applicable deadline after the appealable judgment or order.
Appellate brief: The appellant's attorney presents the legal arguments supporting the appeal in a written brief.
Appellate review: The court reviews the record and arguments before issuing its decision. Oral argument may also occur in some cases.
Georgia law generally provides a 30-day period for filing a notice of appeal after an appealable decision or judgment, although certain motions and circumstances can affect when that period begins.
Because missing an applicable deadline can affect appellate rights, the timing of an appeal should be addressed promptly.
Appeal vs. Motion for a New Trial
A criminal appeal and a motion for a new trial are separate legal procedures. Understanding the difference is important because they may involve different issues, procedures, and deadlines.
A direct appeal generally asks an appellate court to review legal errors shown by the existing record. A motion for a new trial, on the other hand, is filed in the trial court and may provide an opportunity to raise certain issues that are not handled in the same manner on direct appeal.
Depending on the circumstances, a defendant may need to consider whether a motion for a new trial, direct appeal, or another post-conviction remedy is appropriate. The proper approach depends on the specific history of the case and the issues involved.
What Happens After an Appeal Is Filed?
An appellate court can reach different results after reviewing a case. It may leave the lower court's decision in place, reverse a decision, or send the case back to the lower court for further proceedings. The result depends on the issues raised and the court's findings.
An appeal also does not guarantee that a conviction or sentence will be changed. The purpose is to determine whether the trial court made a legally significant error that warrants appellate relief.
When to Discuss a Criminal Appeal
The period after a conviction can be difficult, especially when you are trying to understand what went wrong and whether another legal option exists. Because appellate procedures are highly dependent on the record and applicable deadlines, waiting too long can make it harder to preserve available options.
If you have been convicted of a crime in Georgia and are considering an appeal, Weintraub and Alper Legal can review the circumstances of your case and explain the appellate options that may apply. Contact Weintraub and Alper Legal at (404) 907-1536 to discuss your criminal appeal with an experienced Georgia defense attorney.
