Experts Who Fight for Your Rights When Your Freedom is on the Line
For many clients, seeking post-conviction relief in Georgia through habeas corpus represents their final opportunity to protect their rights. When that moment comes, it’s essential to pursue this last chance with focus, persistence, and unwavering determination. At Brownstone, our post-conviction attorneys in Georgia have the skill, experience, and professionalism that can ensure that you have the best possible chance to set the record straight. Our post-conviction motion areas are well-represented throughout Georgia, including Atlanta, Augusta, Columbus, Savannah, Athens, Macon, Sandy Springs, and Roswell.
Contact our habeas corpus lawyers in Georgia to discuss your case at (770) 284-3147.
We also handle Georgia Federal Appeals and post-conviction appeals in Georgia.
Georgia post-conviction motions are used to claim innocence, obtain a new criminal trial, obtain a lower sentence, claim ineffective assistance of trial counsel, introduce new evidence, or overturn a judgment. Our firm handles post-conviction in Fulton County, Gwinnett, Cobb, DeKalb, Chatham, Cherokee, Forsyth, Henry, and Richmond County, Georgia.
In general, post-trial motions in Georgia include:
In Georgia, a defendant may file a motion to withdraw a guilty plea within 30 days of entry (O.C.G.A. § 34-8-79), provided grounds exist—such as ineffective assistance of counsel or newly discovered evidence—that would likely have changed the verdict.
If the Court of Appeals or the Georgia Supreme Court does not grant you a new trial, then you can file a habeas corpus petition in the county where you’re under sentence or incarcerated. A hearing on this habeas corpus petition can be held before a judge in the county where you file the petition. The judge will decide to grant you a new trial or permit you to withdraw your plea if you plead guilty.
Under the Georgia habeas statute, a prisoner can bring a habeas corpus action to challenge a criminal conviction and sentence on the ground that “there was a substantial denial of his rights under the Constitution of the United States or of this state in the proceedings which resulted in his conviction.” O.C.G.A. § 9-14-42(a), (c).
Once a Georgia habeas corpus application is filed, the Attorney General’s Office files a response to the application. Next, if necessary, a hearing is scheduled before a superior court judge. The possible results after a hearing include the judge vacating the conviction and sentence or the judge affirming the conviction and sentence.
Persons in prison may fill out the Georgia habeas corpus form available through the appropriate superior court.
Since the writs of habeas corpus can be filed at both state and federal courts, it’s critical that you work with appellate attorneys who have the experience and knowledge to navigate these complex procedures. When achieved, there are many benefits beyond your restored freedom that improve your quality of life for years to come.
Persons who are wrongly convicted in Georgia may seek to overturn their judgment, trial, or sentence before the Georgia Court of Appeals or Appellate Court in Georgia. Our criminal defense appeals lawyers in Georgia will appeal your post-conviction motion to a higher court in order to seek review from a panel of judges in Georgia.
Seeking the assistance of appellate lawyers means being able to have someone to represent you in the proceedings. Appellate attorneys have the knowledge and experience of all areas of appellate law, and the wisdom to apply the necessary procedures to your case. Depending on certain aspects of your case, your options on appeal may be to file a motion for post-conviction relief, a petition for post-conviction, or any other relief that our experienced lawyers may deem proper.
Illinois Post-Conviction Lawyers can also assist in navigating post-conviction relief options for those seeking to challenge their convictions.
When it comes to a federal crime in Georgia, our Georgia post-conviction relief law firm handles all areas of post-trial practice. A habeas petition is used to overturn a conviction. It can also be used to set aside a criminal sentence for either a state court or a federal court prisoner.
We take the time to review each case, to gather the necessary details of your case, and to work with our clients on issues in their case that were not brought up at trial. Sometimes that means filing claims based on ineffective counsel.
You have 1 year and 90 days from the final order in your case to file a 2255 or 2254 habeas petition or writ of habeas corpus. The firm’s Georgia post-conviction relief attorneys work all over the state of Georgia, which enables us to assist clients anywhere. The firm handles cases in Atlanta, Savannah, Columbus, and Augusta.
Most federal writs of habeas corpus proceed through sections 2255 or sections 2254 if a person is in state custody. Our experienced team navigates the complexities of federal appellate courts with precision, crafting persuasive briefs and robust legal arguments.
Contact our habeas corpus lawyers in Georgia to discuss your case at (770) 284-3147.
Our comprehensive post-conviction services are designed to address every aspect of challenging a conviction or sentence. These services include:
Our appellate practice attorneys collaborate closely with clients to determine the most effective strategy based on the unique circumstances of each case.
Properly raised allegations of ineffective assistance of counsel present cognizable claims for habeas relief. Hicks v. Scott, 273 Ga. 358, 359 (2001). To establish ineffective assistance of counsel in Georgia, a defendant must demonstrate that:
This two-pronged test was established in Strickland v. Washington, 466 U.S. 688 (1984). The defendant must overcome the presumption that trial counsel’s conduct falls within the broad range of reasonable professional conduct. Boyd v. State, 275 Ga. 774 (2002).
A post-conviction process is a legal procedure available after direct appeals have been exhausted. It allows individuals to raise issues that may not have been fully presented during trial or direct appeal.
Common claims include:
Typically, a person who has been convicted and has exhausted all direct appeals may file a postconviction petition. The petition is used to challenge the validity of the conviction or sentence based on issues that could not have been raised earlier in the proceedings.
Our experienced attorneys will review your case and provide feedback on your appeal options at no cost.
Your future depends on the actions you take next. Contact our expert post-conviction relief attorneys today to discuss your case and fight for your rights!
A post-conviction process is a legal procedure available after direct appeals have been exhausted. It allows individuals to raise issues that may not have been fully presented during trial or direct appeal. Common claims include ineffective assistance of counsel, procedural errors, newly discovered evidence, or constitutional violations. Read the Georgia Post Conviction Code.
Typically, a person who has been convicted and has exhausted all direct appeals may file a post-conviction petition. The petition is used to challenge the validity of the conviction or sentence based on issues that could not have been raised earlier in the proceedings.
Common grounds include:
Brownstone Law handles Georgia Post Conviction Petitions.
A habeas corpus petition is a constitutional remedy that challenges the legality of detention or imprisonment. It is generally used when a prisoner believes that their detention violates constitutional rights or exceeds the legal authority of the state.
While both remedies seek relief after conviction, their purposes and procedural requirements differ:
The two processes have different standards and deadlines, and habeas petitions generally require that all state-level avenues have been fully pursued.
A habeas corpus petition is generally considered after all state post-convention remedies have been attempted. It is used when the petitioner contends that the detention is unlawful on constitutional grounds that were not, or could not be, raised in the state process.
This motion is a request made during the court’s term—typically before the sentence is finalized or while it is still being executed—to reduce the imposed sentence. It may be based on factors such as sentencing errors, changes in the law, or mitigating circumstances that were not fully considered during sentencing.
Generally, individuals who are serving a sentence and their legal representatives can file this motion. The eligibility and requirements may vary depending on the specifics of the case and the grounds for the reduction.
Possible justifications include:
Yes, both post-convention petitions and motions to reduce sentence are subject to strict deadlines. In the case of motions to reduce sentence, the filing must occur while the court retains jurisdiction over the matter (i.e., within the term of the court). It is important to consult the specific statutory deadlines and procedural rules or seek legal advice for timely filing.
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