Call Us

Criminal Defense Appeals

A conviction does not have to be the final word. If you or someone you care about was found guilty of a crime in Georgia, you may have the right to challenge that verdict through the appellate process — and the clock is already running. At Bixon Law, Atlanta criminal defense appeals lawyer Michael Bixon represents people who believe their trial was compromised by legal error, ineffective counsel, prosecutorial misconduct, improper jury instructions, or constitutional violations. We fight just as hard on appeal as we do in the courtroom, with the same commitment to protecting your rights and your future.

Criminal appeals are not second trials. They are focused on technical challenges to what went wrong during the original proceedings. That means the attorney you choose matters enormously — this work requires someone who can meticulously comb through trial transcripts, identify reversible errors, research complex legal issues, and build compelling written arguments for Georgia’s appellate courts. Michael Bixon brings that analytical rigor alongside 15 years of hands-on criminal defense experience in Georgia courts. He understands both the trial process and the appellate standards that govern when convictions must be overturned.

Whether your case involves a DUI conviction, a drug offense, a violent felony, or any other criminal charge, Bixon Law is available 24 hours a day, 7 days a week to discuss your options. If you believe something went wrong at trial, do not wait — Georgia’s appeal deadlines are strict, unforgiving, and jurisdictional. Missing a deadline can permanently extinguish your right to appellate review.

Understanding the Criminal Appeals Process in Georgia

Georgia’s appellate courts do not re-hear your case from the beginning or retry the facts. Instead, they review the existing trial record to determine whether legal errors occurred that may have affected the outcome of your case. This is a narrow but powerful process — and one that demands a lawyer who knows exactly what to look for and how to frame the issues properly.

How Georgia’s Appellate Courts Are Structured

Most criminal convictions in Georgia are appealed to the Georgia Court of Appeals, which hears the majority of criminal appeals in the state. Cases involving murder convictions or direct constitutional challenges to Georgia statutes go directly to the Georgia Supreme Court. Understanding which court has jurisdiction over your case is the first step in the appeals process, and an experienced Atlanta criminal defense appeals lawyer will know immediately where your case belongs.

The Standard of Review Matters

One of the most important concepts in appellate law is the standard of review — the level of deference the appellate court gives to the trial court’s decisions. Different types of errors are reviewed under different standards:

– De novo review: Legal questions (such as whether a statute was correctly interpreted) are reviewed fresh, with no deference to the trial court

– Abuse of discretion: Discretionary rulings (such as evidentiary decisions) are reviewed for whether the trial judge exceeded reasonable bounds

– Sufficiency of the evidence: The appellate court asks whether any rational jury could have found guilt beyond a reasonable doubt based on the evidence presented

Understanding which standard applies to each issue in your case is critical. An error that looks significant at first glance may not warrant reversal if it is subject to harmless error analysis. Attorney Michael Bixon has the experience to evaluate your case under the correct legal framework and give you an honest assessment of the strength of your appeal.

Common Grounds for Criminal Appeals in Georgia

Not every mistake at trial justifies overturning a conviction. Georgia law distinguishes between harmless errors (which did not affect the outcome) and reversible errors (which require the appellate court to act). Here are the most common grounds for a successful criminal appeal in Georgia.

Improper Jury Instructions▼

The trial judge is required to instruct the jury on the law that applies to your case. If the jury instructions misstated the law, omitted essential elements of the charged offense, or confused the jury about the burden of proof, that error may have tainted the verdict. Jury instruction errors are reviewed for whether they likely affected the outcome of the trial.

Example: In a theft case, the jury must be instructed that the state must prove the defendant intended to permanently deprive the owner of the property. If the judge fails to include this element, the verdict may be reversed.

Ineffective Assistance of Counsel▼

Under the Sixth Amendment to the U.S. Constitution, every criminal defendant has the right to effective legal representation. If your trial attorney’s performance fell below an objective standard of reasonableness and that deficiency prejudiced the outcome of your case, you have grounds for appeal under the standard established in Strickland v. Washington, 466 U.S. 668 (1984).

Claims of ineffective assistance of counsel often involve:

– Failure to investigate witnesses or evidence

– Failure to object to inadmissible evidence

– Failure to call essential witnesses

– Failure to file pretrial motions to suppress evidence

– Conflict of interest that compromised representation

– Failure to properly cross-examine prosecution witnesses

Important note: Ineffective assistance claims are evaluated under a two-part test. You must show both that your attorney’s performance was deficient and that the deficiency prejudiced the outcome. Even serious errors may not warrant reversal if the evidence of guilt was overwhelming.

Prosecutorial Misconduct▼

Prosecutors are held to high ethical standards because they represent the government and have immense power over criminal defendants. If a prosecutor engaged in misconduct that deprived you of a fair trial, that may be grounds for reversal. Common forms of prosecutorial misconduct include:

– Making improper statements during closing arguments (such as vouching for witness credibility or appealing to the jury’s emotions)

– Withholding exculpatory evidence in violation of Brady v. Maryland

– Commenting on the defendant’s decision not to testify

– Introducing evidence that the prosecutor knew or should have known was false

Georgia courts take prosecutorial misconduct seriously, but not every improper comment warrants reversal. The appellate court will consider whether the misconduct was so prejudicial that it likely affected the jury’s verdict.

Admission of Inadmissible Evidence▼

Evidence that should have been suppressed or excluded can’t taint a conviction. Common evidentiary errors that form the basis for appeals include:

– Admission of evidence obtained through an illegal search or seizure (Fourth Amendment violation)

– Admission of statements obtained in violation of Miranda rights

– Admission of hearsay evidence without a proper exception

– Admission of prejudicial evidence that outweighs its probative value (such as gruesome photos or inflammatory character evidence)

If critical evidence was admitted improperly and that evidence played a significant role in the jury’s decision, the appellate court may reverse the conviction.

Insufficient Evidence to Support the Verdict▼

Even if no procedural errors occurred, a conviction can be reversed if the evidence was legally insufficient to support a guilty verdict. The appellate court will ask whether, viewing the evidence in the light most favorable to the prosecution, any rational jury could have found the defendant guilty beyond a reasonable doubt.

This is a high bar — the appellate court does not reweigh credibility or second-guess the jury. But if the state failed to prove an essential element of the charged offense, the conviction cannot stand.

Example: In a drug trafficking case, the state must prove not only possession but also intent to distribute. If the only evidence was possession of a small amount with no scales, packaging, or other indicia of distribution, the evidence may be insufficient to support a trafficking conviction.

Sentencing Errors▼

Even if the conviction itself is valid, errors in sentencing can be appealed. Sentencing errors include:

– Imposition of a sentence that exceeds the statutory maximum

– Failure to merge counts that are required to merge under Georgia law

– Improper application of sentencing enhancements

– Failure to give credit for time served

– Violation of plea agreement terms

Georgia’s appellate courts frequently remand cases for resentencing when the trial court imposed an illegal sentence or failed to follow mandatory sentencing guidelines.

Ineffective Assistance of Counsel: A Closer Look

One of the most powerful grounds for appeal is a claim that your trial attorney failed to provide constitutionally adequate representation. These claims are governed by Strickland v. Washington and require proof of two elements.

Prong 1: Deficient Performance

You must show that your trial attorney’s performance fell below an objective standard of reasonableness. Courts evaluate this by asking whether the attorney’s conduct was within the range of competence expected of criminal defense lawyers. Examples of deficient performance include:

– Failing to investigate alibi witnesses who would have provided exculpatory testimony

– Failing to file a motion to suppress evidence obtained through an illegal search

– Failing to object to inadmissible hearsay that the jury relied on

– Failing to prepare for trial, resulting in poor cross-examination or no opening statement

– Operating under a conflict of interest (such as simultaneously representing a co-defendant)

Important caveat: Strategic decisions made after reasonable investigation are almost never grounds for ineffective assistance claims. Courts give attorneys wide latitude to make tactical choices, even if those choices turn out poorly.

Prong 2: Prejudice

Even if your trial attorney’s performance was deficient, you must also prove that the deficiency prejudiced the outcome of your case. This means you must show there is a reasonable probability that, but for the attorney’s errors, the result of the trial would have been different.

Example: If your attorney failed to call an alibi witness, you must show that the witness’s testimony would have created a reasonable doubt. If the state’s evidence was overwhelming even without the alibi, you cannot prove prejudice.

Why Ineffective Assistance Claims Are Difficult

Strickland claims are notoriously difficult to win because both prongs must be proven. Even serious attorney errors may not warrant reversal if the evidence of guilt was strong. That is why having an experienced Atlanta criminal defense appeals lawyer like Michael Bixon is critical — he knows how to identify cases where both deficient performance and prejudice can be proven.

Mr. Bixon’s level of knowledge and dedication to his clients is truly beyond top notch. He goes above and beyond to ensure his clients are well-informed, supported, and fiercely represented. If you’re looking for the best lawyer—someone who genuinely cares and consistently delivers results—look no further than Mr. Michael Bixon. He is simply exceptional.

Shun Fleetwood

I cannot thank Michael enough for all he did for my son, as a desperate mother, Michael always gave me the confidence that he would take care of my son’s situation. The first time I had talked to Michael I knew He was send by God , Michael was the only Lawyer that I felt comfortable and reliable, trustworthy, and relieved.
Michael Bixon is very professional and very knowledgeable about his work.
Thank you 🙏🏼
Jacqueline

Calvin Jones

The best lawyer I have ever met! He saved my life! Besides all professionalism, he was a friend in the most difficult time. I have a lot of gratitude and felt supported and safe with his service. He is extremely competent!
Whenever I had questions he answered immediately! Hire him to see the impossible become possible, because that’s what happened to me!
As I already said, the best lawyer! Highly recommended!

Mauricio Reis

At certain points in time, almost everyone will need solid representation. Michael was the exact help I needed. Very easy to get in touch with, communicative, and knowledgeable. Two out of three counts dismissed, and better terms than I ever expected for the 3rd. It is evident that he has a rapport with the his colleagues of the court and judges. Absolutely recommended and If I need legal help in the future he will be my first call. Thank you so much for your help!

Scott Black

Attorney Bixon is the GREATEST Attorney in Atlanta. I want to express my most sincere thanks for the most professional representation. You have stuck by me and my family through stressful moments in dealing with this very stressful case. I admire your composure, work ethic and most of all excellent representation. I most definitely recommend Attorney Bixon to anyone who has illegal issues.

Hubert Owens

My brother was on news , accused fpr theft by conversion felony class d went to jail, out within 1 day and 1 year later case was dismissed . Mike was very helpful. Companies will avoid serviving Georgia state because regulations on state and level of education of detectives is lower then pre school kids . Thank you Mike big time!

Albert Weis

Mr. Bixon was a great choice as an attorney for our family. In a week he got our case entirely dismissed and we couldn’t be happier. He stayed in contact with us everyday giving us updates about how the case was moving alon, keeping us in the loop. It was extremely reassuring to have good communication like that. I couldn’t recommend him more and will definitely be using him for all my future legal needs.

Antonio Rodriguez

Michael Bixon is truly a five star attorney who provides five star care. He worked with me throughout the entire process, going above and beyond, to encourage and get results. His professionalism and commitment to his work is why he comes highly recommended. Mr Bixon is prompt, responsive, and easy to work with. He worked with me with my payments and helped me win two cases! Call him and see for yourself.

M Hudson

Unfortunately Ive been in need of legal counsel more than once or twice. Usually its resulted in a lot of cash for very little peace of mind. Michael was recommended to me when the need arose.Although he was tasked with a laundry list of BIG problems,From the first time I heard him say “I got you, I got you.” I knew things would be okay. And okay is an understatement. I have finally found counsel that works MIRACLES. If I dont learn my lesson, I will surely use him again!!

Christopher Faller

I had an exceptional experience with Michael Bixon. Their team displayed profound legal expertise, dedication, and a client-focused approach. From the initial consultation to the resolution of my case, their professionalism and communication were outstanding. I highly recommend Bixon Law for anyone seeking reliable and top-notch legal representation.

Leo Graf

What Happens When an Appeal Is Successful?

When a reversible error is identified and the appellate court rules in your favor, several outcomes are possible. The specific remedy depends on the nature of the error and how it affected your case.

Complete Reversal of Conviction

If the appellate court concludes that the error was so fundamental that no rational jury could have convicted you, or that the evidence was legally insufficient, the court may reverse the conviction outright. In these cases, the state cannot retry you, and the charges are dismissed. This is the best possible outcome on appeal, though it is also the least common.

Remand for New Trial

The most common result of a successful appeal is a remand for a new trial. The appellate court sends the case back to the trial court with instructions to conduct a new trial without the error that tainted the first one. For example:

– If illegally obtained evidence was admitted, the new trial proceeds without that evidence

– If improper jury instructions were given, the new trial includes corrected instructions

– If ineffective assistance of counsel is proven, the defendant is entitled to a new trial with competent representation

A new trial is not a guaranteed acquittal — the state can still present its case again, and a jury can still convict. However, the prosecution must proceed without the advantage of the error that occurred the first time, which can significantly strengthen the defense’s position.

Sentence Modification or Resentencing

If the error occurred only at sentencing (such as an illegal sentence or improper application of sentencing guidelines), the appellate court may modify the sentence or remand for resentencing. The conviction itself remains in place, but you may receive a reduced sentence or a sentence that complies with Georgia law.

Example: If you were sentenced to 20 years for a crime with a statutory maximum of 10 years, the appellate court will reduce your sentence to the legal maximum.

Step-by-Step

Step-by-Step: How the Appeals Process Works

Understanding the criminal appeals process helps you set realistic expectations and underscores why acting quickly is so critical.

Notice of Appeal (30 Days from Sentencing)

The appeals process begins when your attorney files a Notice of Appeal with the trial court. In Georgia, this notice must generally be filed within 30 days of the entry of the final judgment — which typically means 30 days from the date of sentencing. This deadline is jurisdictional, meaning that if you miss it, the appellate court has no power to hear your case. There is a limited exception for cases where a motion for a new trial is filed, which can extend the time to appeal.

Critical deadline: If you have already been convicted and sentenced, contact Bixon Law immediately. Attorney Michael Bixon will assess exactly where you stand and determine whether emergency action is required to preserve your appellate rights.

Record Preparation (2-6 Months)

After the Notice of Appeal is filed, the trial court clerk must compile the record on appeal. This includes:

– Complete trial transcripts (every word spoken in court)

– All exhibits admitted at trial

– All pretrial motions and orders

– Jury instructions

– The final judgment and sentencing order

This process can take several months, especially in complex cases with lengthy trials. The record must be complete and accurate because the appellate court relies on it exclusively — no new evidence is considered on appeal.

Appellate Brief (Due 20 Days After Record is Transmitted)

Once the record is transmitted to the appellate court, your attorney has 20 days to file the appellant’s brief. This is the heart of the appeal. The brief must:

– Identify each alleged error with specificity

– Cite to the exact location in the trial transcript where the error occurred

– Explain the legal standard that applies to each issue

– Argue why the error was not harmless and requires reversal

– Support every argument with citations to Georgia statutes, court rules, and case law

In criminal cases, appellate briefs can run up to 50 pages. This is complex, technical legal writing that requires both mastery of appellate procedure and deep familiarity with Georgia criminal law. Michael Bixon personally drafts every appellate brief, ensuring that your case receives the meticulous attention it deserves.

State’s Response Brief (20 Days After Appellant’s Brief)

After your brief is filed, the prosecution has 20 days to file a response. The state’s brief will defend the trial court’s rulings and argue that any errors were harmless or not preserved for appeal. Understanding how prosecutors defend convictions on appeal allows an experienced attorney to anticipate counterarguments and address them proactively in the initial brief.

Oral Argument (Discretionary)

In some cases, the appellate court will schedule an oral argument, where attorneys for both sides present their arguments before a panel of judges. Oral argument is not a new trial — no witnesses testify, and no new evidence is introduced. Instead, the judges ask questions about the legal issues raised in the briefs.

Not all cases are selected for oral argument. The Court of Appeals often decides cases “on the briefs” without hearing from the attorneys. If oral argument is granted, it means the court has significant questions about the issues in your case, which can be either an opportunity or a challenge, depending on the strength of your legal arguments.

Appellate Decision (Timeline Varies)

After the briefing is complete (and oral argument, if held), the appellate court issues a written opinion. The court may:

– Affirm the conviction (uphold the trial court’s decision)

– Reverse the conviction (overturn the guilty verdict, often resulting in the charges being dropped)

– Remand for a new trial (send the case back to the trial court to be retried without the error)

– Modify the sentence (correct a sentencing error without disturbing the conviction)

– Remand for a specific hearing (such as a hearing on ineffective assistance of counsel)

The time between oral argument (or the completion of briefing) and the court’s decision can vary significantly — some cases are decided in a few months, while others take a year or more.

Further Review (Georgia Supreme Court)

If the Georgia Court of Appeals rules against you, there is one more option: filing a petition for certiorari with the Georgia Supreme Court. The Supreme Court is not required to accept every petition — it exercises discretionary review and typically only hears cases that involve significant legal issues or conflicts between Court of Appeals decisions.

Filing a petition for certiorari requires a different set of skills and strategic considerations. Michael Bixon has the experience to evaluate whether further review is warranted and to present your case persuasively to Georgia’s highest court.

Post-Conviction Relief: Habeas Corpus and Extraordinary Motions

In some cases, the standard appeals process is not available or has already been exhausted. Georgia law provides alternative remedies for challenging convictions, including habeas corpus petitions and extraordinary motions for a new trial.

Habeas Corpus Petitions

A writ of habeas corpus is a civil action filed after a conviction becomes final. Habeas petitions are typically used to raise claims that could not be raised on direct appeal, such as:

Newly discovered evidence that was not available at trial
Constitutional violations that were not apparent from the trial record
Ineffective assistance of appellate counsel
Actual innocence claims supported by new evidence

Habeas corpus proceedings are complex and subject to strict procedural rules. They are often the last avenue for relief after direct appeals have been denied.

Extraordinary Motions for New Trial

In limited circumstances, Georgia law allows a defendant to file an extraordinary motion for a new trial based on newly discovered evidence. To succeed, you must show that:

The evidence was discovered after the trial
The evidence could not have been discovered earlier with due diligence
The evidence is material and likely to produce a different verdict

These motions are granted sparingly, but they provide a critical safety valve when new evidence emerges that undermines a conviction.

Why Timing Is Everything in Criminal Appeals

Georgia’s appellate deadlines are strict, jurisdictional, and unforgiving. Missing a deadline can permanently close the door on your right to challenge a conviction.

The 30-Day Rule

As discussed above, the Notice of Appeal must be filed within 30 days of sentencing. This deadline is absolute. Even if you have a strong case for appeal, the appellate court has no power to hear your case if the notice is filed late.

Exception: If your trial attorney filed a motion for a new trial within 30 days of sentencing, the deadline to appeal is extended until 30 days after the trial court rules on the motion. However, relying on this exception is risky — if the motion for a new trial was not properly filed, the appeal deadline may have already passed.

Why You Cannot Afford to Wait

Many people convicted of crimes spend weeks or months processing the shock of the verdict before they begin to think about appealing. By the time they consult an attorney, the 30-day window may have already closed. This is why immediate action is critical.

If you have been convicted, do not assume you have time to wait. Contact Bixon Law as soon as possible so that Michael Bixon can assess where you stand, determine whether the deadline has passed, and take emergency action if necessary to preserve your appellate rights.

Michael Bixon: Experienced Atlanta Criminal Defense Appeals Lawyer

Attorney Michael Bixon brings 15 years of criminal defense experience to every appeal he handles. His background in trial advocacy, combined with his analytical skills and attention to detail, makes him uniquely qualified to identify reversible errors and present compelling arguments to Georgia’s appellate courts.

Professional Background and Recognition

CourtTV Legal Analyst: Michael Bixon has appeared as a legal analyst on CourtTV, providing expert commentary on high-profile criminal cases
Top 100 Trial Lawyers: Named to the National Trial Lawyers Top 100, an invitation-only honor recognizing the top criminal defense attorneys in Georgia
Bill Daniel Trial Advocacy Program: Graduate of the prestigious Bill Daniel Trial Advocacy Program, which trains attorneys in advanced courtroom skills
Georgia Trial Lawyers Association: Member of the Georgia Trial Lawyers Association
Georgia Association of Criminal Defense Lawyers: Member of the Georgia Association of Criminal Defense Lawyers

Track Record of Success

Michael Bixon has secured complete dismissals in cases ranging from Murder and Armed Robbery to Aggravated Assault, drug offenses, and DUI. His success in trial courts translates directly to his appellate work — he understands what trial errors look like because he has litigated hundreds of criminal cases from arraignment through verdict.

Personal Attention and 24/7 Availability

When you hire Bixon Law for your appeal, you work directly with Michael Bixon. He personally reviews every trial transcript, researches every issue, and drafts every appellate brief. You are not passed off to a junior associate or paralegal.

Michael also understands that legal emergencies do not follow business hours. That is why he is available 24 hours a day, 7 days a week — the attorney himself, not an answering service. If you are facing an urgent appellate deadline, he will respond immediately.

Free Consultation

Frequently Asked Questions About Criminal Appeals in Atlanta

Yes, but your appellate options are significantly more limited if you pleaded guilty. When you enter a guilty plea, you waive most of your trial rights, including the right to challenge evidentiary rulings, jury instructions, and sufficiency of the evidence. However, you can still appeal:

– The denial of a motion to suppress evidence (if you reserved the right to appeal that issue in your plea agreement)

– The legality of your sentence (such as a sentence that exceeds the statutory maximum)

– Ineffective assistance of counsel if your attorney coerced you into pleading guilty or failed to investigate viable defenses

If you entered a negotiated plea but now regret it, you may also have the optio

Costs and Fees for Criminal Appeals in Georgia

The Georgia Court of Appeals charges an $80 filing fee for criminal direct appeals, payable when the appellant’s brief is filed. Defendants who are incarcerated and self-represented, or who qualify under a pauper’s affidavit, may be exempt from this fee.

Beyond the court’s filing fee, the highest cost in a criminal appeal is the attorney’s fees. Appellate work is time-intensive because it requires:

– Reviewing trial transcripts (which can run hundreds or even thousands of pages)

– Researching Georgia statutes, court rules, and case law

– Drafting detailed appellate briefs (often 40-50 pages)

– Preparing for oral argument (if granted)

– Communicating with the client throughout the process

At Bixon Law, we discuss all costs transparently during your initial consultation. Michael Bixon believes every client deserves honest information about what the process involves and what it will cost before making any decisions. There are no hidden fees and no surprises.