David Clark & Jessica Towne are among the best criminal defense lawyers in Georgia focusing on criminal appeals.
New appeal cases are being considered at this time. Click below to schedule an appointment; you’ll be directed to the consultation fee page to arrange the $250 payment.
For Georgia trial attorneys only: As you know, a legal issue has to be raised and ruled upon by the trial judge in order to preserve it for appeal. Clark & Towne will help you creatively frame your issue, and/or prepare an Order for the judge to sign that best preserves your client’s appellate rights. Please click below to schedule an appointment; you’ll be directed to the consultation fee page to arrange the $250 payment.
If you or a loved one have recently been convicted of a crime by a Georgia jury or judge, Clark & Towne will guide you through the appeal process. Our goal is to see that the conviction is set aside. We will tell you about your rights and options and we will determine for you what outcome you can expect.
Early in their careers, David Clark served as a magistrate judge; Jessica Towne served as a prosecutor. They have a unique perspective of the criminal justice system because of their backgrounds. Each has defended hundreds of clients at trial. Each has been practicing law since 1989. They have earned the respect of judges and prosecutors throughout the state. Their clients have reaped the reward of acquittals, reversals (convictions set aside), new trials and sentence reductions. There are times, of course, when a client’s conviction has been reviewed and held as accurate.
Clark & Towne is fully devoted to appellate practice. They provide case analysis, conduct extensive legal research and create unique arguments. They are excellent written advocates. They request oral argument for many of their clients. They strive to provide the best client service. By way of experience and continued legal education, the lawyers at Clark & Towne are criminal appeals specialists.
What is an appeal?
Once a judge or jury has reached a verdict of guilty, the judge must impose sentence and your case, at the trial level, is over. Georgia law provides that you can appeal your criminal conviction within 30 days of the end of your case. As soon as this is filed, the local trial court must send the records from the case to either the Georgia Court of Appeals or the Supreme Court of Georgia for review by a panel of judges. No evidence is presented on appeal. A written opinion is sent from the reviewing court to the appeal attorney. The reviewing court can affirm the conviction (this means your conviction stands), remand the case with direction (this means the reviewing court points out an error to the trial judge and makes the trial judge fix the error, usually in sentencing), or reverse the conviction (this means the conviction is set aside).
What is an appeal?
Once a judge or jury has reached a verdict of guilty, the judge must impose sentence and your case, at the trial level, is over. Georgia law provides that you can appeal your criminal conviction within 30 days of the end of your case. As soon as this is filed, the local trial court must send the records from the case to either the Georgia Court of Appeals or the Supreme Court of Georgia for review by a panel of judges. No evidence is presented on appeal. A written opinion is sent from the reviewing court to the appeal attorney. The reviewing court can affirm the conviction (this means your conviction stands), remand the case with direction (this means the reviewing court points out an error to the trial judge and makes the trial judge fix the error, usually in sentencing), or reverse the conviction (this means the conviction is set aside).
What is a motion for new trial?
Your trial attorney should file a motion for new trial within 30 days of your conviction. This allows the court reporter time to transcribe the recording of the trial and reduce it to “writing.” Transcripts are electronic: the court reporter files a paper copy of the case styling and includes an electronic copy to the clerk of court (usually a CD). The court reporter will provide the appeal attorney with a PDF of the transcript. Your appeal attorney will review the motion for new trial filed by the trial attorney and amend it with issues to argue on appeal. The trial judge should hear arguments and any new evidence at the motion for new trial hearing. There is no requirement that the trial judge schedule and hear the arguments on the motion for new trial within a set time, and it can take as long as two years, depending upon how complex your case is.
At this hearing, the trial judge will either grant the motion for new trial (this means you get a new trial) or deny the motion for new trial (this means your appeal attorney must file for review by the Georgia Court of Appeals or the Supreme Court of Georgia). You do not get a new judge to hear your motion for new trial unless your trial judge has retired or is otherwise unavailable.
