Appeals

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Seeking a Second Chance?

Your Case Deserves Another Look!

If you’re questioning the outcome of your trial and suspect that errors may have influenced the verdict, it’s crucial to consider the appeals process. While navigating the appeals system can be intricate, it doesn’t mean your conviction is set in stone. Our seasoned appeals attorneys are here to guide you meticulously through each phase, highlighting potential oversights from your initial trial and strategizing the best approach to challenge the decision.

Appeals, often termed as post-conviction relief, are a recourse available to those found guilty, be it by a criminal jury or during a bench trial, as stipulated by the Georgia Code § 5-6-33. Before initiating an appeal, the convicted have the prerogative to file a motion for a new trial, which is an integral part of the appeals trajectory. However, it’s imperative to act within the designated post-conviction statutory timeframe.

Windecher Firm

Award Winning Legal Defense

Navigate the Appeals Process with The Windecher Firm

Appeals are more than just a second chance; they’re a testament to the belief that justice can prevail. The Windecher Firm is dedicated to championing this belief, offering unparalleled expertise in the appeals process.

What Our Clients Say

Did You Receive Unjust Treatment?

Unfair treatment in legal proceedings often stems from two primary sources, both of which can serve as grounds for an appeal:

Judicial Oversights

Even if you’re unaware, there might have been legal errors made by the judge during your trial. A seasoned attorney can meticulously review the trial transcripts and evidence to pinpoint these mistakes.

Inadequate Representation

It’s possible that your initial lawyer didn’t meet the expected standards of representation. Such lapses can be a valid reason to pursue an appeal.

Our legal team will meticulously dissect your case, analyzing every piece of evidence. We then rebuild your case, providing an informed and candid assessment of the potential outcome.

A key aspect we focus on is identifying “Plain errors.” These are mistakes recognized by appellate courts as significant oversights made by lower courts, which influenced the trial’s outcome. Crucially, plain errors infringe upon your constitutional rights, making them compelling grounds for an appeal.

Understanding the Appeals Process

No matter the nature of the charges, whether minor possession or more grave offenses, you can count on our skilled legal team to be by your side, fervently defending your rights and guiding you on the road to rehabilitation and renewal.

Motion for a New Trial

When faced with a jury’s guilty verdict, our first course of action is to file a motion for a new trial. This motion is presented before the same judge who oversaw your initial trial, ensuring continuity and familiarity with the case. This stage provides a unique opportunity to introduce evidence that might not have been presented during the original trial. By doing so, we can shed light on potential oversights or errors that occurred during the trial proceedings, emphasizing the need for a fresh evaluation.

The Appeal Process

Should the motion for a new trial not yield the desired outcome, our next step is to file an appeal. Depending on the specifics of the case, this appeal can be directed to either the Court of Appeals or the Georgia Supreme Court. Our dedicated team meticulously reviews the trial transcript, identifying any discrepancies or errors. Armed with this information, we craft compelling briefs for the appellate courts, aiming to secure a reversal of the initial verdict.

Habeas Corpus

If traditional appeal avenues do not result in a favorable decision, the last resort is to file a writ of habeas corpus, a Latin term meaning “you have the body.” At this juncture, our focus shifts to arguing any constitutional violations that might not have been addressed during the appeal process. This is a crucial step, as it challenges the legality of the imprisonment itself.

Expungement of Criminal Records

The landscape of Georgia’s expungement laws has evolved considerably since 2013, leading to broader eligibility criteria for individuals seeking to clear their criminal records. As these laws continue to change, our attorneys remain at the forefront, ensuring they are well-versed in the latest regulations. Our commitment is to assist you in navigating the expungement process, aiming to restore your reputation and open doors to a brighter future.

Appeals have strict deadlines set by law. Act quickly and choose an experienced appellate attorney to ensure a comprehensive and timely review of your case.

David Lee Windecher

Criminal Defendant to Defense Attorney

The legal journey doesn’t end with a single verdict. The Windecher Firm stands ready to assist you in the appeals process, ensuring every facet of your case is reevaluated. Begin the next chapter by connecting with our appeals experts today.

About the Firm

David Lee Windecher

Criminal Defendant to Defense Attorney

About the Firm

Ready to Seek a Second Chance at Justice? Let’s Talk!

Contact the Firm

Ready to Seek a Second Chance at Justice?
Let’s Talk!

Contact the Firm