Does a Georgia Convict Have the Right to Appeal?
If you have been convicted, you generally have the right to appeal. An appeal asks the higher court to overturn the trial court’s decision based on legal or procedural error. The judges on appeal are looking for errors which may have changed the verdict.
In a appeal, you submit written "briefs" to the appellate court, along with a copy of the trial court transcript and any exhibits that were used at trial. Oral arguments may be scheduled. Arguments are typically very short in duration, and tend to be academic in nature, focusing on legal issues.
In an appeal, the higher court looks for errors in the decision of the trial court. If the higher court finds errors in the trial court’s decision, the appeal court may order a re-trial or set aside the conviction.
Sometimes the higher court may find errors in the trial court’s decision but the errors might be insignificant and the higher court may feel that the errors did not affect the outcome of the case. The higher court may also find that there are no errors in the trial court’s decision. In both these cases, the trial court will dismiss the appeal and the decision of the trial court will be upheld.
Our Criminal Defense attorneys are based in Augusta, GA. If you have been charged with DUI in Augusta, GA (Georgia) and throughout the CSRA, including Columbia County, Richmond County, Lincoln County, McDuffie, Jefferson and Burke Counties, Evans, Appling and Waynesboro.