Atlanta Appeals & Habeas Corpus Lawyer
Post-Conviction Relief Options Throughout the State of Georgia
If you feel you are facing an unfair conviction decision or unjust imprisonment conditions, you have the right to request an appeal. At The Law Office of Ahmad R. Crews, Attorney Crews will take your post-conviction case very seriously with clear attention to every detail of your case. He takes a client-oriented approach to every case and treats each client with the respect that they deserve. When you work with Attorney Crews, you will be working with a lawyer who will be by your side from start to finish and represent you as the law protects you.
Call (404) 777-0735 to schedule your free consultation today.
What Is an Appeal?
An appeal is a request to a higher appellate court to review and change the decision of a lower court, often filed by defendants hoping to overturn a guilty verdict. In an appeal, the defendant may challenge the conviction itself or may appeal the trial court's sentencing decision.
The primary difference between an appeal and habeas corpus is based on the reason you are using the appellate process. Appeals are used to correct errors that occurred during the case; the appellate courts only consider what they can find within the file when evaluating the appeal and will not consider any new evidence. In other words, if you think that the trial judge made some legal error during the course of your criminal case, you will want to file an appeal. Note that an appeal is not the most effective option if you want another attempt at proving innocence in front of a jury or judge.
If you want the appellate court to consider evidence that the trial judge might not have had (evidence outside of your court file), you will want to file a habeas petition, which is used in situations when a legal error occurred that resulted in a loss of your rights.
What Is a Writ of Habeas Corpus?
Defendants who want to challenge the legality of their imprisonment or the conditions in which they are being imprisoned may seek help from a court by filing a petition for a "writ of habeas corpus.” A writ of habeas corpus is a court order to a person or agency (e.g. a prison warden) holding someone in custody to deliver the imprisoned individual to the court issuing the order.
A writ of habeas corpus gives jailed suspects the right to ask a judge to set them free or order an end to their improper jail conditions. Habeas corpus relief aims to ensure that people will not be held for long periods in prison in violation of their rights. However, be aware that the right to ask for relief does not mean the right to get relief; the courts need clear and convincing evidence in support of a writ of habeas corpus and don't issue them frequently.
Depending on the immediacy of your case, you can opt for either or both an appeal and petition for habeas corpus. Note that a habeas corpus petition can be filed in state or federal court, but before filing in federal court all state options must be exhausted.
Conventionally, the steps for post-conviction relief are as follows:
- Appeal to state appellate court – contends that there were errors in the trial that require reversal.
- Petition for rehearing to state appeals court – requests that appeals court judges change their decision.
- State court habeas corpus petitions – requests that a state court order the jail or prison holding the defendant to release them or change conditions of incarceration that are violations of their state or constitutional rights.
- Federal habeas corpus petition – requests that the federal court order the jail or prison holding the defendant to release them or change conditions of incarceration, because the defendant is being held in violation of the U.S. Constitution.
- State supreme court appeal – requests that the highest court in the state review and overturn the decision of the mid-level appeals court.
- U.S. Supreme Court appeal – requests that the highest court in the nation intervene to correct an error on the part of the state courts that violated the U.S. Constitution.
Call (404) 777-0735 for a Professional and Client-Oriented Attorney
The appeals process can be complex to navigate, especially if you are fighting against time or trying conditions. For serious and professional legal counsel, let The Law Office of Ahmad R. Crews work for you. Attorney Crews can examine the facts of your case and help you request an appeal and submit a petition for habeas corpus. He prioritizes every client’s needs and ensures they have direct access to him throughout their case.
Trust The Law Office of Ahmad R. Crews to work on your post-conviction relief. Fill out this online form to schedule your free initial consultation today.
Clay County Superior Court Dismissed
Crisp County Superior Court Not Guilty
DeKalb County Superior Court Dismissed
Douglas County Superior Court Dismissed
Fulton County Superior Court Dismissed