Quick Answer
If you were convicted of a crime in Georgia, you have only 30 days from the date of sentencing to file a Notice of Appeal. This deadline is set by O.C.G.A. § 5-6-38(a). If the 30th day falls on a weekend or holiday, the deadline extends to the next business day (O.C.G.A. § 1-3-1(d)(3)). Missing this deadline typically means you lose your right to appeal permanently.
How Long Do I Have to Appeal a Criminal Conviction in Georgia?
Answer: 30 days from sentencing. Under O.C.G.A. § 5-6-38(a), you must file a Notice of Appeal within 30 days of the date your sentence was entered. If the 30th day falls on a weekend or holiday, the deadline extends to the next business day.
⚠️ Critical: This deadline is absolute. Missing it means permanent loss of appeal rights.
Georgia Criminal Appeal: Quick Reference
Filing Deadline: 30 days from sentencing
Where to File: Trial court clerk
Brief Length: 14,000 words (e-file)
Review Court: Georgia Court of Appeals
Average Timeline: 12-18 months
Court-Appointed Counsel: Available if qualified
If you were recently convicted of a crime in Bibb County Superior Court or anywhere in Georgia, understanding your appeal rights is critical. A criminal appeal is your opportunity to challenge legal errors that may have occurred during your trial.
⚠️ URGENT: You have only 30 days from sentencing to file your appeal in Georgia.
At Prine Law Group, two of our attorneys serve as prosecutors (Joseph Prine – Solicitor for Twiggs County Probate Court; Zane Hasty – Assistant Solicitor for Twiggs County and Perry courts) in addition to criminal defense work. This dual perspective informs our understanding of how appellate courts evaluate cases.
This guide explains how criminal appeals work in Georgia, including the process, timeline, and what to expect.
Legal Disclaimer: This article provides general information about Georgia criminal appeals, not legal advice for your specific case. Outcomes depend on individual circumstances. Consult a qualified attorney about your situation.
Georgia’s 30-Day Appeal Deadline
Under O.C.G.A. § 5-6-38(a), you must file a Notice of Appeal within 30 days of sentencing.
Key facts:
- The 30 days starts from the date the judge entered your written sentence
- If the 30th day falls on a weekend or holiday, the deadline extends to the next business day (O.C.G.A. § 1-3-1(d)(3))
- Missing this deadline typically means you lose your right to appeal permanently
- The Notice must be filed with the trial court clerk
For Bibb County cases: File at Bibb County Superior Court Clerk, 601 Mulberry Street, Macon, GA 31201
If you are considering an appeal, contact an attorney immediately. Do not wait to “think about it.” Once the 30-day window closes, your opportunity is generally lost forever.
Related resource: Georgia Court of Appeals Official Website
What Is a Criminal Appeal?
Criminal Appeal – Definition
A criminal appeal is a request to a higher court to review a trial for legal errors.
Not a new trial: No witnesses, no new evidence
Reviews: Whether judge made legal errors
Decided by: Appellate judges (not jury)
Based on: Trial court record
A criminal appeal is a request to a higher court to review your trial for legal errors. It is not a new trial.
Key Differences: Trial vs Appeal
| Trial | Appeal |
|---|---|
| Witnesses testify | No witnesses |
| Jury decides facts | Judges review legal errors |
| New evidence presented | No new evidence allowed |
| Determines guilt/innocence | Reviews whether trial was legally fair |
What an appeal reviews:
- Whether the judge made legal errors
- Whether your constitutional rights were violated
- Whether proper procedures were followed
- Whether the evidence was legally sufficient
What an appeal does NOT review:
- Whether the jury “got it right”
- Whether you’re actually innocent (factual disputes)
- Which witnesses were more credible
Georgia’s Appellate Courts
Georgia Court of Appeals (where most criminal appeals go):
- Reviews felony and misdemeanor convictions
- Three-judge panels decide cases
- Located in Atlanta
- Issues written opinions
Georgia Supreme Court:
- Reviews death penalty cases (mandatory)
- Reviews other cases at its discretion
- Highest court in Georgia
For Bibb County cases: Appeals from Bibb County Superior Court go to the Georgia Court of Appeals.
Who Can Appeal
You (the defendant): You have the right to appeal your conviction, your sentence, or both under O.C.G.A. § 5-6-33.
The prosecution: The State has very limited appeal rights under O.C.G.A. § 5-7-1 (primarily for pre-trial issues). The prosecution generally cannot appeal a “not guilty” verdict due to double jeopardy protections.
Should You Appeal Your Criminal Conviction?
Not every conviction should be appealed. Appeals succeed only when legal errors affected the trial’s outcome.
Strong Grounds for Appeal
1. Ineffective Assistance of Counsel
Your Sixth Amendment right to effective counsel was violated if your attorney’s performance was deficient and this harmed your defense.
Examples:
- Failed to object to inadmissible evidence
- Didn’t investigate obvious witnesses
- Had a conflict of interest
- Failed to file important motions
- Provided no communication or strategy
Legal standard: Under Strickland v. Washington, 466 U.S. 668 (1984), you must prove both deficient performance AND that the outcome would likely have been different.
2. Insufficient Evidence
The evidence presented at trial was legally insufficient to support conviction beyond a reasonable doubt.
Standard: Viewing evidence in the prosecution’s favor, could any reasonable jury have found you guilty? (Jackson v. Virginia, 443 U.S. 307 (1979))
3. Improper Jury Instructions
The judge gave the jury incorrect or confusing instructions about the law.
Examples:
- Failed to instruct on required elements of the crime
- Gave an instruction that misstates the law
- Refused proper defense instructions
4. Evidentiary Errors
The judge improperly admitted harmful evidence or excluded favorable evidence.
Examples:
- Admitted evidence from illegal search
- Allowed inadmissible hearsay
- Excluded evidence supporting your defense
Important: Your trial attorney must have objected to these errors at trial. If no objection was made, the issue is typically waived for appeal (with limited “plain error” exceptions for obvious and harmful errors).
5. Prosecutorial Misconduct
The prosecutor engaged in improper conduct affecting trial fairness.
Examples:
- Improper closing arguments
- Withholding evidence favorable to you (Brady violation)
- Improper witness vouching
6. Sentencing Errors
Examples:
- Sentence exceeds statutory maximum
- Wrong sentencing law applied
- Improper denial of First Offender status
Weak Grounds (Rarely Succeed)
“I didn’t do it” – Not a legal error
“The witness lied” – Jury decides credibility
“The jury was wrong” – Not appealable
“My sentence is too harsh” – Within legal range = no error
Why Most Appeals Fail
Harmless error doctrine: Even if an error occurred, courts won’t reverse unless it likely affected the verdict.
Lack of objection: If your trial lawyer didn’t object at trial, you usually can’t raise the issue on appeal.
Deference to trial court: Appellate courts give trial judges broad discretion on many rulings.
My Trial Lawyer Made Mistakes – Can I Appeal?
If your trial attorney provided poor representation, this may be appealable. However, you must show:
- Performance fell below professional standards
- The mistakes likely affected the outcome
Not every mistake is ineffective assistance. Courts give attorneys wide latitude for strategic decisions.
What Happens If You Don’t Appeal?
If you don’t appeal (or miss the deadline):
- Your conviction becomes final
- Collateral consequences take effect (loss of voting rights, professional licenses, etc.)
- Limited options remain (habeas corpus petitions, but these are harder to win)
- You may regret not trying
Even if your chances are uncertain, many people appeal to avoid wondering “what if?” for years.
The Georgia Criminal Appeals Process: Step-by-Step
What You Need to File an Appeal in Georgia
Notice of Appeal (filed within 30 days)
Trial transcript (ordered from court reporter)
Record designation (filed within 10 days of transcript)
Appellant’s brief (filed within 20 days of docketing)
Attorney (highly recommended – complex process)
Step 1: File Notice of Appeal (Days 1-30)
What it is: A simple one-page form stating you intend to appeal.
Where to file: Bibb County Superior Court Clerk (601 Mulberry Street, Macon, GA 31201) for cases tried in Bibb County
Deadline: 30 days from sentencing (O.C.G.A. § 5-6-38(a)). If the 30th day falls on a weekend or holiday, deadline extends to next business day.
What happens: Court forwards notice to Georgia Court of Appeals; your case gets a docket number.
Important: Filing an appeal does NOT automatically stop your sentence. If you were sentenced to prison, you typically begin serving time while the appeal is pending (unless granted appeal bond, which is rare).
How to File in Bibb County
1. Prepare Notice of Appeal
- Use official form or attorney-drafted notice
2. File at Bibb County Superior Court
- Address: 601 Mulberry Street, Macon, GA 31201
- File with Clerk’s office
3. Pay Filing Fee or Submit Pauper’s Affidavit
4. Keep Copy for Records
5. Court Forwards to Georgia Court of Appeals
Step 2: Order Trial Transcript (Months 2-4)
What it is: Word-for-word written record of everything said at trial, prepared by the court reporter.
Why necessary: Appellate judges review the transcript to determine what happened at trial.
Timeline: Varies by trial length and court reporter workload. Transcript preparation is often the longest delay in the appeals process.
If you cannot afford the transcript: File a pauper’s affidavit (in forma pauperis); the court may waive costs.
Your appeal cannot proceed until the transcript is complete.
Step 3: Designate Record on Appeal (After Transcript Filing)
What it is: Specify which trial court documents should be sent to Court of Appeals (transcript, motions, orders, exhibits).
Deadline: 10 days after transcript is filed with trial court
Why it matters: The appellate court can only review what’s in the record.
Step 4: File Appellant’s Brief
What it is: Your written legal argument explaining:
- What errors occurred
- Why the errors violated the law
- Why the errors were harmful
- What relief you seek
Requirements:
- Word limit for e-filed briefs: 14,000 words for criminal appeals
- Proper format and citations
- “Enumerations of error” (numbered statements of claimed errors)
- Citations to transcript and case law
Deadline: 20 days after record is docketed with Court of Appeals
Related resource: Georgia Court of Appeals Rules
Step 5: State’s Response Brief
The prosecution files a brief arguing:
- No errors occurred
- Any errors were harmless
- The conviction should be affirmed
Deadline: Typically 40 days from docketing or 20 days after appellant’s brief (whichever is later)
Step 6: Optional Reply Brief
You may file a reply brief responding to new arguments in the State’s brief.
Step 7: Oral Argument (If Scheduled)
What it is: Attorneys argue before a three-judge panel and answer questions.
Is it always held? No. Many cases are decided on briefs alone. Either party may request oral argument.
Format:
- Typically 15 minutes per side
- Judges interrupt with questions
- Formal and fast-paced
Location: Atlanta (Court of Appeals building)
Do you attend? You may attend but won’t speak. If incarcerated, you typically won’t be transported.
Step 8: Court’s Decision
Decision types:
- Affirmed – You lose; conviction stands
- Reversed – You win; conviction thrown out
- Reversed in part – Mixed outcome (e.g., conviction upheld, sentence reduced)
- Remanded – Sent back to trial court for further proceedings
Written opinion: The court explains its decision in a written opinion (becomes public record and legal precedent).
Timeline for Georgia Criminal Appeals
| Timeframe | Activity |
|---|---|
| Day 0 | Sentencing |
| Days 1-30 | File Notice of Appeal |
| Varies | Trial transcript preparation |
| After transcript | Designate record (10 days) |
| After docketing | Appellant’s brief (20 days) |
| After appellant brief | State’s response brief |
| Optional | Reply brief |
| If scheduled | Oral argument |
| After briefing complete | Court decision |
Total time varies significantly based on:
- Trial length (affects transcript preparation time)
- Case complexity
- Court docket congestion
- Whether oral argument is held
Many appeals take 12-18 months from Notice of Appeal to decision, though this can vary considerably.
What Happens If You Win Your Appeal?
3 Possible Outcomes If You Win
1. Conviction Reversed – Charges Dismissed
When: Evidence was insufficient or error makes retrial impossible
Result:
- Conviction erased
- You’re released (if incarcerated)
- Case over – prosecution can’t retry you
This is rare but the best outcome.
2. Conviction Reversed – New Trial Ordered
When: Reversible error occurred but retrial is possible
Result:
- Conviction vacated
- Case returns to Bibb County Superior Court
- Prosecution decides whether to retry or dismiss
What happens next:
- State may retry you
- State may offer better plea deal
- State may dismiss charges
Timeline: New trial typically 6-12 months after reversal
Bond: You may be eligible for bond pending new trial
3. Sentence Vacated – Resentencing
When: Conviction affirmed but sentencing error occurred
Result:
- Conviction stands
- You return for new sentencing hearing
- New sentence typically lower
4. Remanded for Other Proceedings
Examples:
- Evidentiary hearing
- Hearing on specific issue
- Other corrective action
What If Your Appeal Fails?
Georgia Appeal Options Compared
| Option | When to Use | Deadline | Success Rate |
|---|---|---|---|
| Direct Appeal | Challenge trial errors | 30 days | Varies by grounds |
| Motion for New Trial | Request new trial | 30 days standard | Low |
| State Habeas Corpus | Constitutional violations | After appeal | Very low |
| Certiorari to GA Supreme Court | Review COA decision | 20 days | Very low |
If the Court of Appeals affirms your conviction, you have lost your direct appeal. Limited options remain:
1. Georgia Supreme Court Review
Petition for certiorari: Request that Georgia Supreme Court review the case
Deadline: 20 days from Court of Appeals decision
Success rate: Very low. Supreme Court grants review in small percentage of cases.
Standard: Court reviews only cases involving important legal questions or conflicts in case law.
2. State Habeas Corpus
What it is: Post-conviction petition challenging your conviction based on constitutional violations
When to file: After direct appeal is complete
Common grounds:
- Ineffective trial counsel
- Ineffective appellate counsel
- Newly discovered evidence
Success rate: Low, but some succeed
3. Motion for New Trial
Standard motion for new trial: Must be filed within 30 days of conviction (O.C.G.A. § 5-5-40)
Extraordinary motion for new trial (newly discovered evidence): May be filed later if you discover new evidence that:
- Wasn’t available at trial
- Couldn’t have been discovered with diligence
- Would likely change the outcome
Examples: Witness recants, DNA exonerates, prosecution witness admits lying
Success rate: Rare, but possible with compelling new evidence
Special Situations in Georgia Criminal Appeals
Can You Appeal a Guilty Plea in Georgia?
Yes, but with limitations.
Under Georgia law, you can appeal:
- Your sentence
- Whether the plea was voluntary
- Ineffective assistance during plea negotiations
You generally cannot appeal factual guilt after pleading guilty.
What Is Appeal Bond? Can You Get Out During Appeal?
What it is: Bond allowing release while appeal is pending
Is it automatic? No. Discretionary and rarely granted.
Not available for: Murder, armed robbery, rape, aggravated child molestation, and other serious violent felonies
Factors courts consider:
- Flight risk
- Danger to community
- Strength of appeal
- Criminal history
How to request in Bibb County: File motion for appeal bond in Superior Court
Reality: Appeal bond is rarely granted, especially for serious felonies. Most defendants remain incarcerated during appeals.
What If You Miss the 30-Day Deadline?
Options are very limited:
“Out-of-time” appeal: Rarely granted. Requires showing extraordinary circumstances (e.g., your lawyer failed to file despite instructions).
Alternative: Habeas corpus – Different standards; lower success rate
⚠️ Lesson: Contact an criminal defense attorney immediately after conviction. Don’t miss the deadline.
Can You Appeal Only Your Sentence?
Yes. Under O.C.G.A. § 5-6-33, you can appeal your sentence without challenging your conviction.
Grounds:
- Sentence exceeds statutory maximum
- Wrong sentencing law applied
- Based on inaccurate information
Limitation: If sentence is within statutory range, appellate courts have limited authority to reduce it. Judges have broad sentencing discretion.
Why Choose Prine Law Group for Your Georgia Criminal Appeal
Prosecutor Experience Advantage
Two of our attorneys serve in prosecutorial roles:
Joseph R. Prine Jr. – Solicitor for Twiggs County Probate Court
Dylan “Zane” Hasty – Assistant Solicitor for Twiggs County Probate Court and Perry Municipal Court
This dual perspective gives us insight into:
- How prosecutors evaluate cases
- What arguments work with appellate judges
- How to anticipate the State’s strategy
Having argued on both sides, we understand what wins appeals.
Experience in Bibb County and Middle Georgia
We’ve represented clients in Bibb County Superior Court and throughout Middle Georgia since 2007. We’re familiar with:
- Local court procedures
- Bibb County prosecutors
- How cases from this area proceed through appeals
Our Appeals Process
1. Free consultation – Honest evaluation of your appeal chances
2. Transcript review – Identify all potential errors
3. Strategic planning – Focus on strongest arguments
4. Thorough briefing – Persuasive legal writing
5. Oral argument – If scheduled, we argue your case
Honest Assessments
We provide realistic evaluations of your appeal’s chances. We don’t take cases just to collect fees. If your appeal has weak grounds, we’ll tell you honestly so you can make an informed decision.
Contact Us Immediately
⚠️ Don’t miss your 30-day deadline
Call: 478-257-6333
Office: 740 Mulberry Street, Macon, GA 31201
Free consultation
Related resources:
Frequently Asked Questions About Georgia Criminal Appeals
How Long Do I Have to File a Criminal Appeal in Georgia?
Answer: 30 days from sentencing (O.C.G.A. § 5-6-38). If the 30th day falls on a weekend or holiday, the deadline extends to the next business day. This deadline is absolute.
Can I Appeal If I Pleaded Guilty in Georgia?
Answer: Yes, but grounds are limited. You can appeal your sentence or challenge whether the plea was voluntary, but generally cannot challenge factual guilt.
How Long Does a Criminal Appeal Take in Georgia?
Answer: Timelines vary significantly based on trial length, case complexity, and court schedules. Many appeals take 12-18 months from Notice of Appeal to decision.
What Are My Chances of Winning an Appeal?
Answer: Depends on specific errors at your trial. Most appeals are affirmed, but strong cases can win. An attorney can evaluate your specific situation.
Can I Get Out of Jail During My Appeal?
Answer: Possibly through appeal bond, but rare and discretionary. Not available for serious violent felonies. Most defendants remain incarcerated during appeals.
What Is the Most Common Ground for Winning an Appeal?
Answer: Ineffective assistance of counsel accounts for many successful appeals. Other common grounds: insufficient evidence, jury instruction errors, evidentiary errors.
Do I Have to Appear in Court for My Appeal?
Answer: You may attend oral argument but won’t speak. Oral argument is in Atlanta. If incarcerated, you typically won’t be transported.
What Happens If I Win My Appeal?
Answer: Three possibilities: (1) conviction reversed and dismissed (best outcome), (2) new trial ordered, or (3) resentencing ordered.
What Options Do I Have If I Lose My Appeal?
Answer: Options include: petition to Georgia Supreme Court (low success rate), state habeas corpus, or motion for new trial with newly discovered evidence.
What If I Cannot Afford an Appeals Attorney?
Answer: If you qualified for appointed counsel at trial, request court-appointed appellate attorney. File pauper’s affidavit to request waiver of costs.
Can I Appeal Only My Sentence in Georgia?
Answer: Yes (O.C.G.A. § 5-6-33). You can challenge sentencing errors without challenging your conviction.
What If My Trial Lawyer Didn’t Object to Errors?
Answer: Most issues must be preserved by objection at trial. If your lawyer didn’t object, you typically cannot raise that issue on appeal (with limited “plain error” exceptions for obvious and harmful errors).
Don’t Wait – Your 30-Day Deadline Is Absolute
If you were convicted in Bibb County Superior Court or anywhere in Georgia, time is critical. Missing the 30-day appeal deadline means losing your right to appeal permanently.
Take Action Now
Call Prine Law Group: 478-257-6333
740 Mulberry Street, Macon, GA 31201
Free consultation – No obligation
Find us on Google Maps – Located 2 blocks from Bibb County Courthouse
In Your Free Consultation, We Will:
- Review your trial and conviction
- Identify potential grounds for appeal
- Provide honest assessment of your chances
- Explain process, timeline, and requirements
- Answer all your questions
We’ve represented clients throughout Middle Georgia since 2007. Our dual perspective as prosecutors and defense attorneys informs our approach to every appeal.
Don’t let your deadline pass. Contact us today.
Legal Disclaimer: This article provides general information, not legal advice for your specific case. Outcomes depend on individual circumstances and the specific facts of each case. Consult a qualified Georgia criminal defense attorney about your situation. Nothing in this article guarantees any outcome or creates an attorney-client relationship.
Prine Law Group | Criminal Defense & Appeals
740 Mulberry Street, Macon, Georgia 31201
Phone: 478-257-6333
Serving Macon, Bibb County, and Middle Georgia since 2007