Committed Legal Representation For Post-Conviction Relief And Modifications In Georgia
Just because you were convicted does not necessarily mean that your case is closed for good. Post-conviction relief applications may be pursued based on the circumstances of your case. These can consist of various actions that can be taken on your behalf to appeal the verdict or sentencing, gain early release or remove your record from public access. If you are seeking some type of post-conviction help, you can turn to our team at Deadwyler-Heuman Law Firm, LLC, for experienced and dedicated legal help.
Our post-conviction defense attorneys can thoroughly review your situation to determine what can be done through the courts to accomplish your legal objective. They will do everything possible to bring about the results you seek. Our Macon post-conviction/modifications lawyers are well respected in the legal community at both the state and federal level, and their reputation for integrity and competence could serve favorably in your case.
Do you need post-conviction help? Schedule a free case evaluation through our online request form or by contacting us at 478-845-5349.
Various Types Of Post-Conviction Legal Actions
Post-conviction actions can include:
- Appellate work, in which an appeal is made to a higher court based on legal errors made by the lower trial court
- Habeas corpus, in which the legality of your confinement is challenged
- Expungement, which is when access to your criminal record is restricted from the public and is only available to law enforcement or the criminal justice system
- Sentencing modification hearings, in which a request is made to the court to modify the sentencing based on new factors that are favorable to you
How Do You Appeal A Case In Georgia?
Various aspects of trial court proceedings can be reviewed by an appeals court to determine whether any legal errors were made, whether pretrial motions were taken, or what took place during the trial. In an appeal, your lawyer is looking for mistakes that would justify reversing the trial court’s findings or remanding your case back to the trial court for further proceedings. In an appeal, new evidence is not presented. Rather, your attorney will present verbal or written briefs outlining the mistakes made at your trial to the appellate court. These arguments may be countered by lawyers for the other side.
Mistakes that may lead to a reversal or the remanding of your case back to the lower court for further action can include the following:
- Inadequate or incompetent representation of your trial lawyer at the time
- The manner in which the judge handled pretrial motions
- Mistakes by the judge regarding allowable evidence
- Unfair actions by the prosecution
- Sentencing errors made by the judge
How Habeas Corpus Works
A petition called habeas corpus can be filed with the court if you have been confined and have been denied release after a direct appeal. It can also be filed requesting the overturn of an invalid sentence or the overturn of a denial of bond. It only applies to individuals who have been held in custody, and it may be based on various factors that demonstrate a violation of one’s constitutional rights, such as incompetent legal counsel, a lack of evidence, illegal search and seizure and other legal grounds.
How Expungement Works
Georgia’s expungement law has been changed to the term “record restriction.” In a record restriction, your criminal record is no longer made available to the general public. It is not erased or eliminated. It is still accessible to law enforcement and the court system. Various rules apply as to who is eligible for a record restriction. Your case will need to be reviewed by our attorneys to determine the eligibility of your unique situation.
Criminal Sentence Modification
In a trial, you have the right to request a modification of your sentence by filing a specific motion with the court. Your request must be based on clear and convincing evidence that is new to the court and that can justify having the court review it. The new factors must be relevant to your sentence or to its purpose. If the judge rules in favor of this new evidence, then the court has the power to reduce or modify your sentence or grant alternative sentencing.