Probation Revocation Appeals Lawyer
The most common type of discretionary appeal is an appeal from a probation revocation hearing. Similar to interlocutory appeals, discretionary appeals have to be accepted by the appellate court before the merits of your case are even considered. This is accomplished by filing a discretionary application. Although the appellate courts in Georgia grant very few discretionary applications, Ben has been very successful in these appeals.
Discretionary Appeals Procedure
Discretionary applications must be filed in the appellate court within 30 days of the entry of the order being appealed. The goal is to catch the attention of the appellate court with a succinct statement about the error that has occurred in your case. The appellate court will grant or deny the application within 30 days. If granted, the case takes the course of a normal appeal.
Types of Discretionary Appeals
In the criminal law context, only three types of cases will ever be appealed with a discretionary application. These are:
1. Appeals from order revoking probation;
2. Appeals from orders denying release from the sex offender registry; and
3. Appeals from the superior courts reviewing the classifications of the Sex Offender Registration Review Board.
The standard for granting an application for discretionary appeal is as follows:
- Reversible error appears to exist; or
- The establishment of a precedent is desirable.
If your probation has been revoked or you have obtained an adverse ruling in your attempt to get removed from Georgia's sex offender registry, you must act quickly to appeal. Call a Georgia Criminal Appeals Lawyer like Ben at 404-985-9772 immediately.