For many clients, Georgia post-conviction relief through habeas corpus is the last chance to defend their rights. When this is the case, it’s time to take advantage of this final opportunity and fight for your freedom with diligence and 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 filled all over Georgia in Atlanta, Augusta, Columbus, Savannah, Athens, Macon, Sandy Springs, and Roswell.
In general, post-trial motions in Georgia include:
When it comes to Georgia post-conviction relief and motions for habeas corpus, there are incredible considerations that complicate this area of law. At Brownstone, we are experienced in this litigation to protect the Constitutional rights and reputation of each of our clients.
Contact our habeas corpus lawyers in Georgia to discuss your case at (770) 284-3147.
Our other areas of practice include Georgia Federal Appeals and post-conviction appeals in Georgia.
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. Georgia Post conviction motions are used to claim innocence, obtain a new criminal trial, obtain a lower sentence, claiming 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 Georgia, you can file a motion to withdraw a guilty plea if the motion is brought within a certain time period after the plea was entered. You can also bring a habeas corpus petition to vacate a finding of guilt in situations where you believe that the Court violated your constitutional right.
Since the writs of habeas corpus can be filed at both state and federal courts, it’s critical that you work with appellate attorneys that have the experience and knowledge to navigate through these complex procedures. When achieved, there are many benefits beyond your restored freedom that improve your quality of life for years to come. Persons that 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. Persons in prison may fill out the Georgia habeas corpus form.
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 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. Contact our Georgia post-conviction relief lawyers to review your case. 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.
Contact our habeas corpus lawyers in Georgia to discuss your case at (770) 284-3147.
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.” C.G.A. § 9-14-42(a), (c). 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: a) his trial counsel’s performance was deficient; and that 2) counsel’s deficiency so prejudiced his defense that a reasonable probability exists that the result of the trial would have been a difference but for that deficiency. 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). Read more about Georgia writ of habeas corpus: Georgia Post Conviction Petition Form
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:
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:
A habeas corpus petition is generally considered after all state post conviction 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 conviction 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.
Email our lead post conviction attorney in Georgia Robert Sirianni.
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