Criminal Appeals Attorney in Georgia
Convicted, sentenced, or facing a probation revocation in Georgia?
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After a Conviction or Sentence, You Need Answers Fast
A conviction, a sentence, or a probation revocation can turn your life upside down in a single hearing. If you're reading this because you were just convicted or sentenced, or because someone you love was, you probably have one question: is there anything that can still be done?
Boggs, Cowan & Fargione helps Georgia defendants and families understand what options may exist after a criminal case outcome. We review the judgment, the sentence, and the trial record to determine whether a legal error occurred and whether an appeal or another post-conviction option may apply. We won't promise a result we can't deliver, but we will give you a clear, honest answer as quickly as possible.
What Is a Criminal Appeal, and What Isn't It?
It's natural to hope that an appeal means getting another shot at telling your side of the story. That's not how it works. A criminal appeal is a review of the trial court record for legal error, not a new trial. For a broader look at how Georgia's appellate process works across all case types, see our main appeals page. If your case is still in the trial court stage, our criminal defense team may also be able to help.
A criminal appeal is a review of legal error in the trial court record
A criminal appeal is not a new trial and does not involve a new jury
A criminal appeal depends on what was preserved in the record below
A criminal appeal is not guaranteed just because the sentence feels harsh
A criminal appeal follows a strict, case-specific deadline
Cases and Issues That May Lead to a Criminal Appeal
Convictions After Trial
A conviction by a judge or jury can be appealed when there's a legal basis to believe the trial court made an error that affected the outcome.
Sentencing Errors
Sentences that fall outside the statutory range, that misapply sentencing law, or that were imposed without proper procedure may be subject to appellate review.
Probation Revocation Issues
Revocation hearings have their own procedural rules. When those rules aren't followed, or the evidence doesn't support revocation, there may be grounds to challenge the outcome.
Motions for New Trial
In many Georgia felony cases, a motion for new trial is a required or strategic first step before a direct appeal can move forward, and it can raise issues that a direct appeal alone might not reach.
Evidentiary Rulings and Jury Instruction Issues
Evidence that should or shouldn't have been admitted, and jury instructions that misstated the law, are common sources of appealable error when properly preserved at trial.
Constitutional Issues
Issues involving search and seizure, self-incrimination, the right to counsel, or due process can form the basis of an appeal when they were raised and preserved in the trial court.
Plea-Related Issues
Guilty pleas limit what can be appealed, but certain issues, such as whether the plea was entered knowingly and voluntarily, may still be reviewable in limited circumstances.
Ineffective Assistance Concerns
Concerns that trial counsel's performance fell short in a way that affected the outcome are sometimes raised on appeal or in post-conviction proceedings, though these claims face a high legal bar and are not a guarantee of relief.
Post-Judgment Criminal Orders
Certain orders entered after judgment, including rulings on post-trial motions, may open the door to appellate review or affect your filing deadline.
What a Criminal Appellate Lawyer Reviews
Before we can give you an honest answer about your options, we need to look closely at your case. Depending on your situation, that review may include:
- The final judgment or sentence
- Trial court orders entered in the case
- Motions filed and the responses to them
- The trial transcript, where available
- The plea transcript, if the case involved a guilty plea
- The sentencing transcript
- Exhibits and evidentiary issues raised at trial
- Whether specific objections were properly preserved
- Motion for new trial filings, if applicable
- Applicable deadlines and the procedural posture of the case
Request a Criminal Appeal Review
Direct Appeal vs. Other Post-Conviction Options
People often use the word "appeal" to describe several different legal processes. In Georgia, the right path depends on your specific case and where it stands procedurally.
- Motion for New Trial: Filed in the trial court, often as a required or strategic first step in felony cases, this motion asks the trial judge to review specific errors before a direct appeal moves forward.
- Direct Appeal: Filed with the Georgia Court of Appeals or, in certain cases, the Georgia Supreme Court, a direct appeal asks a higher court to review the trial court record for legal error. It is based on what is already in that record.
- Habeas Corpus: A separate, later process, generally available after a direct appeal has been resolved, that can address certain constitutional issues, sometimes involving matters outside the trial record. Habeas corpus is not the same thing as a direct appeal and is not available or appropriate in every case.
How the Criminal Appeal Process Works With BCF
1. Initial Call — We listen first. You or your family member walks us through what happened, what the outcome was, and what's worrying you most.
2. Deadline and Order Review — We identify the exact judgment, sentence, or order at issue and calculate the applicable deadline right away, since this is often the most time-sensitive part of the process.
3. Record Review — We review the trial court record, including available transcripts, filings, and orders, to understand what happened procedurally and legally.
4. Issue Spotting — We identify whether there are legitimate, preserved legal issues that could support a motion for new trial, a direct appeal, or another post-conviction option.
5. Strategy Discussion — We walk you through what we found, what the realistic options are, and what each path would involve, so you can make an informed decision.
6. Notice or Application Review — Depending on the case, we prepare and file the appropriate notice of appeal, application, or motion within the required deadline.
7. Briefing — We draft the appellate brief, built around the specific legal errors identified in your case and supported by citations to the record.
8. Oral Argument, If Applicable — Some criminal appeals include oral argument. When applicable, we prepare thoroughly and represent your position directly to the appellate judges.
9. Decision and Next Steps — Once a decision is issued, we explain what it means and discuss what options, if any, remain available to you.
An Honest Word About Whether Your Case Is Appealable
Not every conviction can be appealed, and not every guilty plea can be undone. Appellate courts give real weight to what happened in the trial court, and a conviction won't be reversed simply because the outcome feels wrong or unfair. Our role is to give you a careful, honest review of your judgment, sentence, and record, and to tell you plainly whether legal issues exist that are worth pursuing. We would rather give you the truth early than false hope later.
Why Georgia Families Choose BCF for Criminal Appeals
We handle real criminal cases in Georgia courtrooms, not just appellate theory, which means we understand what a strong or flawed trial record actually looks like from the inside. Based in Watkinsville and serving Athens, Lawrenceville, Gwinnett County, Winder, Oconee County, Clarke County, Commerce, and surrounding Georgia communities, we give defendants and families a calm, practical guide through a stressful process.
- Trial-aware appellate review from attorneys who understand Georgia courtrooms
- Calm, direct communication with both defendants and family members
- A practical, honest explanation of risks, options, and realistic outcomes
- Clear next steps during a time that often feels overwhelming
- Local presence in Watkinsville serving Athens, Oconee County, Clarke County, Gwinnett County, and surrounding Georgia communities
Criminal Appeals FAQs
In many cases, yes, but it depends on whether a legal error occurred that affected the outcome and whether that error was properly preserved in the trial court. A case-specific review of your judgment and record is the only way to know where you stand.
In most Georgia felony cases, you generally have 30 days from the judgment and sentence to file a motion for new trial or notice of appeal. This deadline is strict, and missing it can end your direct appeal rights, so it's important to act quickly.
Guilty pleas limit what can be appealed, since many trial-related issues are waived by the plea. Certain issues, such as whether the plea itself was entered knowingly and voluntarily, or issues related to sentencing, may still be reviewable in limited circumstances.
No. A criminal appeal is a review of the existing trial court record for legal error. There's no new jury, no new witnesses, and no chance to retell your story from scratch.
Generally, no. Direct appeals are based on the record that already exists from the trial court. Some post-conviction processes, including habeas corpus in certain circumstances, may allow consideration of matters outside that original record, but this is a separate and distinct process from a direct appeal.
Concerns about trial counsel's performance are sometimes raised on appeal or in post-conviction proceedings, but claims like this face a high legal bar and require specific proof that the performance affected the outcome. We can review whether this may be a viable issue in your case.
Sentencing issues can sometimes be appealed, particularly when a sentence falls outside the statutory range or was imposed without following required procedure. Whether that applies to your case depends on the specific sentence and how it was imposed.
Yes. Family members frequently reach out on behalf of a loved one who is incarcerated or otherwise unable to make the call themselves. We're glad to speak with family members to gather information and explain next steps.
Any judgment, sentencing order, or court paperwork you have is helpful, along with the name of the court and the approximate date of the ruling. If you don't have documents in hand, that's okay. We can often help locate them once we know the basics of the case.
Every criminal appeal starts with understanding the judgment, the sentence, and the deadline you're working with. Fill out the form below and our team will follow up to discuss your options. If you're contacting us on behalf of a family member, that's okay too.