How Long Do I Have to Appeal a Conviction in Georgia?

May 14, 2025 • Posted In White Collar Crime

You have a small window of time to file an appeal after a conviction in Georgia. An Atlanta criminal defense lawyer will file the necessary paperwork and immediately begin crafting an appeal. Understanding the appeal process in Georgia can prepare you for the next steps.

Time Limits for Appealing a Conviction in Georgia

You have 30 days to file a notice of appeal of a judgment under Georgia law. The trial clerk will submit the case records to the Georgia Court of Appeals. The Atlanta criminal defense lawyer representing your case will submit a written brief within twenty days of the case’s docketing with the Appeals Court.

What is the Purpose of Appealing a Conviction in Georgia?

Presenting new evidence in a case does not occur in an appeal hearing. No new witnesses may testify in your defense. The Georgia Court of Appeals only rules on whether a trial court’s decision is correct or if procedural errors exist, leading to your conviction.

The court will review the case for law, procedural, or factual errors during the appeal process. Presenting new evidence about your case that surfaces after a conviction must take place in a trial court. After presenting the new evidence and having a sentence upheld in court, filing an appeal is the next step.

The Atlanta criminal defense attorney representing your case will file a written brief to the appeals court. The prosecutor will also submit a written brief in support of upholding the conviction. In some instances, the appeals court may wish to hear each party’s oral arguments.

What Are Potential Outcomes of an Appeal?

After reviewing the documentation, the court will affirm or reverse a conviction. It may also refer the case to another appellate court with jurisdiction. A dismissal of an appeal is possible, or a case may be sent back to retrial in a lower court.

When Should I Appeal a Conviction in Georgia?

Various grounds for an appeal exist. A valid reason should exist for an appeal, or the appeal will be dismissed. Grounds for appealing a conviction in Georgia include:

Mistakes in a trial lead to misdirecting a jury, admitting evidence improperly, or errors by the judge
A case’s verdict is unreasonable because the evidence does not support a conviction
A miscarriage of justice occurs, such as juror bias or language barriers prevent a defendant from understanding the court proceedings
Your legal representative is ineffective, failing to thoroughly represent your case, consider your input and desired outcome in a trial, or object to prejudicial information impacting your case

You want to work with an Atlanta criminal defense attorney committed to representing your case and ensuring the best possible outcome. Having an attorney who pursues beneficial case results can prevent the need to file an appeal.

What Happens if an Appeal Fails in Georgia?

Exploring your post-conviction remedies in Georgia is necessary if an appeal fails. You may petition for a writ of certiorari, asking a higher court to hear your appeal. Filing a petition of Habeas Corpus may allow for another appeal hearing with a different judge reviewing your case for constitutional errors. Your criminal defense attorney may be able to request an appeal bond, enabling you to stay out of jail until the appeal process is complete.