Criminal Appeal

 Criminal Appeal

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A guilty verdict can feel like the end of the road, but for the Georgian justice system, it is a milestone, not always a final destination. If you or a loved one has been wrongfully convicted, or if you believe the trial was fundamentally unfair, the fight for justice continues. Our law firm is exclusively dedicated to the challenging and highly specialized field of appellate and post-conviction law. We understand that this stage requires a different kind of lawyer with a distinct skill set focused on deep legal research and powerful written advocacy. We provide a crucial second chance to clients by meticulously scrutinizing trial records to uncover legal errors and fight for their freedom in Georgia's higher courts.

The primary avenue to challenge a conviction is a direct appeal to the Court of Appeals, which must be filed within a strict one-month deadline after the reasoned trial court judgment is delivered. It is critical to understand that an appeal is not a retrial. We do not present new evidence or re-examine witnesses. Instead, our role is to conduct an exhaustive review of the trial record to identify reversible legal errors. Based on the Criminal Procedure Code of Georgia, such errors can include a substantial violation of criminal procedure law, such as the wrongful admission of illegally obtained evidence or prosecutorial misconduct, or an incorrect application of substantive law, like being convicted under a statute that does not fit the facts of the case. Our appellate briefs are crafted to demonstrate precisely how these errors deprived our client of a fair trial.

Should the Court of Appeals uphold the conviction, the next stage of battle is the cassation appeal to the Supreme Court of Georgia. Gaining acceptance to this highest court is a significant challenge, as it only hears cases that it deems important for ensuring the uniform application of the law or those involving a grave violation of legal norms. Success here demands more than just pointing out an error; it requires framing the issue in a way that highlights its national legal significance. Our attorneys excel at this sophisticated level of advocacy, crafting persuasive cassation appeals that command the attention of the Supreme Court and argue for a precedent-setting decision that can correct the course of justice.

In exceptional cases where the appeal process has been exhausted, a final pathway to justice may exist through the reopening of a case due to newly discovered or newly revealed circumstances. This is an extraordinary remedy reserved for situations where crucial new information emerges after the conviction is final. The grounds for reopening a case are narrowly defined by Georgian law and include discovering that the conviction was based on perjured testimony or forged evidence, uncovering criminal conduct by the trial judge or prosecutor, or finding new exonerating evidence, such as DNA results or another individual's credible confession, which proves the innocence of the convicted person. Our firm has the investigative resources and legal acumen to pursue these complex post-conviction claims.

Our methodology sets us apart. Appellate work is an academic and forensic discipline. At Legal Sandbox Georgia, every appellate case undergoes a rigorous two-attorney review process, ensuring that no potential legal error is overlooked. We delve into the trial transcripts, evidence logs, and pre-trial motions with a singular purpose: to find the reversible error that will win the case. Our team dedicates countless hours to legal research, brief writing, and preparing for the rare but pivotal opportunity of oral argument. We believe that a well-argued appeal is a powerful instrument for justice, capable of correcting errors and restoring a client's freedom and reputation. This meticulous approach is fundamentally different from trial work and is essential for success in the appellate arena.

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