If you were convicted of a crime, the law provides multiple potential legal options in seeking to overturn your conviction, typically including a motion for a new trial, an appeal, and/or a petition for writ of habeas corpus. If you have been convicted, the stakes are high and get higher at each level during the appellate process. At Wallack Law in Atlanta, we provide experienced legal representation for post-conviction relief.
At Wallack Law, we can assist you with the critical post-conviction process.
Typically, after conviction at a trial a defendant can seek a motion for new trial. The motion gives the judge who presided over the trial an opportunity to correct any issue or error made in the case himself or herself before the case goes up to an appellate court. In Georgia, the trial judge also sits as the thirteenth jury and can grant a new trial in that capacity. The grant of a new trial generally (though not always) puts a defendant in the same place he or she was in before trial and, thus, permits the defendant the same or similar options in determining whether to proceed to trial again.
Criminal trials are not always fair and errors occur, whether intentional or unintentional. The appellate courts review the case based on the issues raised by appellate counsel which must be supported in the record of the case created below. The types of legal issues that may be subject to challenge can generally be described as something that trial counsel, the prosecutor, or the judge did that they should not have or did not do that they should have. Appellate issues are specific to your case and examples may include (but are in no way limited to):
A petition for writ of habeas corpus (Latin for “you have the body” referencing that you are being held in custody unlawfully) is a legal challenge attacking the constitutionality of a conviction. Habeas corpus is pursued after an appeal has been denied and in many cases as a last resort. Time limits for filing a habeas corpus petition are strongly enforced with few exceptions. In Georgia, a habeas corpus petition must be filed within four years of the date on which the conviction became final; under federal law, a habeas corpus petition must be filed within one year of the date on which the conviction became final. Habeas corpus proceedings are technically civil (as opposed to criminal) and are considered complex even by many attorneys.
If you or a loved one has been convicted of a crime or has had an unfair sentence imposed in a criminal case, you have the legal right to seek post-conviction relief. Your first step is to contact Wallack Law for a free initial consultation to determine the most effective approach to seeking justice. Call today for help.