Georgia Appeals Attorney

Criminal Defense Lawyers in Marietta

There are few things in the legal world that can be considered absolutely final. Even a conviction that is bound to ruin the rest of your life can be overturned with the help of a professional appellate lawyer. An appeal is defined as a request to a higher court in power to review your case, which had previously been processed and closed by a lower court. If successful, the higher court can alter the previous judge's decision or perhaps even eliminate the case altogether.

At The Merchant Law Firm, P.C., we have built a reputation for being one of the most reliable criminal defense firms in Marietta. Furthermore, Attorney Ashleigh B. Merchant is widely considered to be one of the top Georgia appeals attorneys in the state, having been selected as a 2014 – 2016 Georgia Super Lawyers® Rising Starâ„ , an honor granted to only 2.5% of all lawyers. When you need your conviction appealed, you should come to us first.


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Reasons to File for an Appeal

If your previous criminal case ended to your disadvantage, you will obviously want to do something about it. Simply disagreeing with the decision, however, is not enough for a higher court to review your case in the appeals process. If that was the only requirement, the appellate courts would be overwhelmed as every single conviction went to them.

Instead, there needs to be a sound reason pointing out a technical mistake, such as:

  1. Faulty evidence: Do you think your conviction stemmed from evidence that should have been inadmissible, such as something gathered in an unlawful search and seizure? Maybe critical, admissible evidence was never allowed to be brought up in court? If the court made a mistake with handling evidence in your case, you may be able to appeal.
  2. Jury instructions: It is a judge's duty to clearly explain to the jury how the law should be interpreted for each individual case. If the judge gives unclear or inaccurate instructions to them, it may have unjustly swayed their decision.
  3. Wrong sentencing: For every crime, there is a set definition as to what penalties can be applied to a conviction. One of the most common ways a case is appealed is if the punishments are excessive and do not fit the crime, implying that the judge has made at least one lapse in judgement and could have made others throughout the case.

After an Appeal

If you have teamed up with our Marietta criminal defense attorneys and your appellate case was successful, what can you expect now? Are you free to go? Or are more proceedings up ahead?

For the most part, an appeal will results in one of three outcomes:

  • Your sentencing is altered or lessened.
  • Your case is dismissed altogether.
  • Your case is to be tried again.

In the final situation, in which your case is tried again, it must feel almost like a duplicate of the previous case. This means that new evidence cannot be submitted nor new witnesses called.

Take Action Today – Call 404.828.0969

The appeals process can be a shaky, complicated process for many criminal defense attorneys. For the most part, lawyers simply do not have the time or the want to learn how to handle appellate cases. While there is nothing wrong with that, it does not do much good for those who have already been convicted of a crime but still require legal help.

Our Georgia appeals attorneys at The Merchant Law Firm have decidedly taken up the mantle of handling this complex yet crucial aspect of criminal defense. When you need someone who can go above and beyond their call of duty as a lawyer, you need to let our team be the ones to represent you. Contact us today to learn more about our unrivaled legal services.