Motions for Reconsideration in Georgia: What You Need to Know for Post-Conviction Relief

Understanding the legal processes post-conviction can be a daunting task for anyone facing criminal charges in Atlanta and the greater state of Georgia. One such legal instrument available for your defense is a Motion for Reconsideration. A Criminal Lawyer in Atlanta can represent and guide you through these complex processes.

What is a Motion for Reconsideration?

A Motion for Reconsideration is a legal method used for challenging the initial judgment of a court in a criminal case. It is a request to the court by the convicted person or their counsel to reconsider and revise its decision based on crucial evidence or legal considerations that were overlooked or misinterpreted.



When to File a Motion for Reconsideration?

The timing for filing a Motion for Reconsideration in Georgia is determined by Georgia law. It should be filed within the time frame for filing a notice of appeal, which is approximately 30 days from the sentencing date. Filing after that may result in the motion being dismissed. Your attorney can advise you on the exact time limits for your case.



What Makes a Strong Motion for Reconsideration?

Developing a strong Motion for Reconsideration involves highlighting crucial points that the court did not consider or misinterpreted. These points may include:



• Emergence of new and relevant evidence that was not available during the trial.
• Mistakes in the interpretation of Georgia law by the court.
• A revelation of juror misconduct during the trial.
• Evidence proving a violation of the defendant's constitutional rights.

An experienced Criminal Lawyer in Atlanta can evaluate your case thoroughly to identify any potential arguments for reconsideration.

Role of a Criminal Lawyer in Motions for Reconsideration

The essence of a reconsideration motion is rooted in legal expertise and nuanced understanding of Georgia law. An adept attorney plays a fundamental role both in identifying grounds for such a motion and articulating them convincingly to the court.



The Process After Filing

After filing, the court will review the motion and the prosecution will have an opportunity to respond. Following this, a hearing may be scheduled during which your attorney will argue the grounds for reconsideration. If the motion is granted, your sentence might be revised or a new trial may be ordered.

Bear in mind, the application of law varies on a case-by-case basis and this article serves as a general guideline.1 It is crucial to seek guidance from experienced attorneys at Davis Madden & Associates for assistance and advice tailored to your specific case.

Why Choose Davis Madden & Associates, P.C.?

Our team at Davis Madden & Associates, P.C. has years of experience representing Atlanta residents in a variety of criminal cases, from drunk driving and sex crimes to murder or assault charges. We're not just dedicated to fighting your charges but also committed to helping you navigate the complex legal process. Rest assured, we work tirelessly to keep you apprised of your case status and work in a collaborative effort with you to make informed, educated decisions about your case. Request a Consultant here.

Understanding your legal rights and navigating through the complex court procedures in Georgia can be stressful. Teaming up with a seasoned Criminal Lawyer in Atlanta, such as those at Davis Madden & Associates, P.C., can enhance your chances for success for post-conviction relief.

The material provided on this blog site does not/is not intended to constitute legal advice. All content is for general information only.