Families of incarcerated individuals often feel anxious and unsure about what to do next once a conviction has occurred. The good news is that post-conviction relief options exist – legal pathways to challenge a conviction or sentence after the trial and direct appeal are over. By understanding these options and knowing how to find the right lawyer, you can play a crucial role in helping your loved one seek justice. This guide explains the main types of post-conviction relief in Georgia and provides step-by-step advice on finding legal assistance for your incarcerated friend or family member.
Understanding Post-Conviction Relief Options
After a conviction in Georgia, there are several legal mechanisms that might help your loved one. Each serves a different purpose and happens at different stages of the post-conviction process. Here are the main types of post-conviction relief:
- Motion for New Trial: This is usually the first step after a conviction. It’s a request to the original trial judge to overturn the verdict and grant a new trial. In Georgia, a motion for new trial generally must be filed within 30 days of the conviction. Lawyers use this motion to argue that serious errors occurred during the trial (for example, improper evidence was admitted or juror misconduct happened). It’s an important step because it preserves certain issues for the direct appeal.
- State Habeas Corpus: A habeas corpus petition is a way to challenge the legality of someone’s imprisonment under state law. This is filed in Georgia’s state courts (typically in the county where the person is incarcerated) after the direct appeal is finished (or if the time for appeal has passed). In a state habeas corpus petition, the attorney argues that the conviction or sentence violated the person’s constitutional rights (such as ineffective assistance of counsel, prosecutorial misconduct, or other due process issues). Georgia law imposes a deadline on state habeas petitions – for most non-capital felony cases, it must be filed within about four years of the conviction becoming final (capital cases and misdemeanors have shorter deadlines). The state habeas is a critical opportunity to raise issues not addressed on direct appeal, but it’s a complex process that requires a specialized post-conviction attorney.
- Federal Habeas Corpus: If state remedies have been exhausted (meaning the direct appeal and state habeas are completed or unavailable), a person convicted in state court can turn to the federal courts for relief. A federal habeas corpus petition (sometimes called a Section 2254 petition for state prisoners) asks a federal court to review constitutional violations in the state conviction. This is not a second appeal but a separate civil proceeding against the warden. Federal habeas is limited to federal constitutional issues and must meet strict requirements – for example, it generally must be filed within one year of the state post-conviction process concluding. If your loved one is in federal prison (convicted under federal law), a similar process exists called a 2255 motion, which is filed in federal court to challenge a federal conviction or sentence. Federal habeas cases are highly technical, so finding an attorney experienced in federal post-conviction work is essential for this stage.
- Sentence Modification or Reduction: In some cases, the trial court retains limited power to modify a sentence. A motion for sentence modification (also known as a motion for reconsideration of sentence) asks the original sentencing judge to reduce or change the sentence. Georgia courts can consider such a motion usually within one year of the sentence being imposed (or within the same term of court). For example, if your loved one has shown rehabilitation or if circumstances have changed, a lawyer can petition the court to shorten a probation term or modify other aspects of the sentence. There are also executive clemency options, such as seeking a commutation or pardon from the Georgia Board of Pardons and Paroles, which can be pursued with or without an attorney. While sentence modifications don’t attack the conviction itself, they can provide relief from an excessively harsh sentence.
- Claims of Actual Innocence: If new evidence emerges that strongly suggests your loved one did not commit the crime, special post-conviction procedures can be used to seek justice. In Georgia, a common method is an extraordinary motion for new trial based on newly discovered evidence (for example, new DNA test results or a credible witness who came forward after trial). Organizations like innocence projects can assist with investigating and presenting new evidence of innocence. Successfully proving actual innocence is challenging, but it can lead to exoneration even many years after a conviction. Claims of actual innocence often involve working with non-profit groups or attorneys who specialize in wrongful conviction cases, since they require thorough investigation and sometimes scientific testing.
Note: Different attorneys specialize in different aspects of post-conviction law. For example, a lawyer who primarily handles direct appeals may not handle habeas corpus petitions, and an attorney known for innocence work might not take on routine sentence modifications. Understanding which type of relief your loved one needs will help you choose a lawyer with the right expertise. Keep in mind that some options (like motions for new trial or certain habeas petitions) have strict deadlines, so it’s important to act quickly once a conviction is final.
Finding a Post-Conviction Attorney in Georgia
Once you have a sense of the legal route your loved one needs to pursue, the next step is finding a qualified Georgia attorney who handles that type of post-conviction work. Unlike trial lawyers who defend clients in front of a jury, post-conviction attorneys often work behind the scenes reviewing transcripts, researching law, and writing petitions/briefs. Below are steps to help you research and connect with the right lawyer:
1. Identify the Specific Post-Conviction Issue: Start by clarifying exactly what kind of legal help is needed. Is your loved one planning to file an appeal, a state habeas corpus petition, or perhaps explore a claim of innocence? Pinpointing the issue will narrow your search to attorneys who practice in that area. For instance, if the goal is to file a state habeas corpus petition, you’ll want an attorney who has experience in Georgia habeas cases. If it’s a federal appeal or federal habeas, look for someone admitted to the federal courts and knowledgeable about federal post-conviction proceedings. You may want to consult with your loved one’s trial attorney or appellate attorney (if they had one for the direct appeal) – they can often explain what the next steps are and might even refer you to lawyers who handle those specific post-conviction matters.
2. Use the State Bar of Georgia’s Resources: The State Bar of Georgia is a valuable starting point for finding licensed attorneys. Visit the State Bar’s website (https://www.gabar.org) and look for the “For the Public” section. There, you’ll find guidance on finding and choosing a lawyer. While the State Bar itself does not provide direct lawyer referrals to individual attorneys, it maintains a list of lawyer referral services across Georgia. You can call the State Bar at 404-527-8700 and ask for referral services in your area. Often, local bar associations (for example, the Atlanta Bar Association) have Lawyer Referral Services that will give you contact information for attorneys who handle certain types of cases. You can also use the State Bar’s online directory to verify any attorney’s status and find basic information (such as address and bar number) – this is useful once you have some candidate names. Tip: When using a referral service, be sure to specify that you are looking for an attorney with post-conviction or criminal appeals experience, so they don’t send you to a general criminal defense lawyer who only handles trials.
3. Search Legal Directories and Online Listings: In today’s internet age, many families find attorneys through online research. Several reputable legal directories allow you to search for Georgia lawyers by practice area and location:
- Georgia Legal Directory/Bar Directory: Some state bar websites or affiliated sites have searchable listings of attorneys by specialty. The Georgia State Bar’s site will at least confirm if a lawyer is licensed, but for specialties you may turn to other resources.
- Lawyer Referral Websites: Websites like Avvo (https://www.avvo.com) and Justia (https://www.justia.com/lawyers/) let you filter attorneys by location and practice area. For example, you could search for “Georgia criminal appeals” or “post-conviction attorney” and find profiles. These profiles often include an attorney’s background, years of experience, client reviews, and sometimes an explanation of fees.
- Lawyers.com (Martindale-Hubbell) (https://www.lawyers.com) and FindLaw(https://lawyers.findlaw.com) are other directories where attorneys list their services. You can browse by selecting Georgia and looking under categories like Criminal Appeals or Criminal Law.
- Search Engines: Simply searching Google for terms like “Georgia habeas corpus attorney” or “post-conviction lawyer in Georgia” can turn up law firm websites and solo practitioners who handle these cases. Many law firms have web pages that describe their post-conviction services. When you find a potential lawyer, read their website to see if they mention appeals, habeas corpus, or post-conviction expertise.
- As you compile a list of possible attorneys, write down their contact information. You can then cross-check their name on the State Bar website to ensure they are in good standing. Doing some homework online can give you a sense of which attorneys might be a good fit before you start making calls.
4. Ask for Referrals and Recommendations: Personal recommendations can be incredibly useful in finding the right lawyer. If your loved one had an attorney for their trial or appeal, ask that attorney if they can recommend a colleague who specializes in post-conviction work. Often, trial lawyers know which attorneys in Georgia are known for handling appeals or habeas petitions. You can also reach out to any lawyers you or your family may know socially, even if they practice a different type of law – they might be able to point you toward a reputable post-conviction attorney.
Beyond lawyers, consider connecting with support networks:
- Family support groups: There may be local or online groups of families of incarcerated individuals (for example, on social media or through church/prison ministry programs). Members of these groups often share advice and referrals. Someone who has gone through a post-conviction process in Georgia might know a good attorney or at least share their experience.
- Formerly incarcerated individuals: If you know anyone who has come home after successfully appealing their case or winning a habeas petition, ask which attorney helped them.
- When you get a referral, still do your due diligence – look up the attorney’s credentials and have an initial discussion to ensure they have handled cases similar to your loved one’s situation. The rapport and responsiveness of the lawyer matters too; post-conviction cases can take a long time, so you want someone communicative and compassionate.
5. Contact Legal Aid and Public Interest Organizations: Finding affordable representation for post-conviction cases can be challenging, since public defender offices typically handle only trial and direct appeal stages (and only for those who cannot afford a lawyer). However, there are organizations that might assist with or advise on post-conviction matters, especially in special circumstances:
- Georgia Legal Services and Atlanta Legal Aid: These organizations primarily handle civil legal issues for low-income people (like housing or family law), not criminal appeals. However, GeorgiaLegalAid’s website (https://www.georgialegalaid.org) has a directory of legal service programs and sometimes lists law school clinics or volunteer lawyer projects. It’s worth checking their resources or calling to ask if they know of any programs for post-conviction or can refer you to someone. Occasionally, law schools in Georgia (such as Emory, Georgia State, or UGA) may have clinics or professors who take on special post-conviction projects or could at least offer some guidance.
- Nonprofit legal organizations: There are nonprofits that focus on criminal justice and may take on post-conviction cases that fit their mission. For example, if your loved one has a claim of innocence, an innocence project might review the case. If it’s a matter of extreme sentencing or a constitutional issue, an organization that litigates impact cases might help. In the next section, we list several Georgia-based and national organizations that assist with post-conviction and wrongful conviction cases. Reach out to them to see if your loved one’s case might qualify for help. Even if they cannot take the case, they might provide you with useful information or referrals. Remember to be patient and persistent – nonprofits receive many requests, so it may take time to get a response.
When contacting attorneys or organizations, be prepared with information about your loved one’s case. Have the case number, the county of conviction, the charges and sentence, and a brief timeline (trial date, appeal status, any deadlines coming up). You don’t need to know all the legal details – they will review the files – but basic info helps them quickly determine if and how they can assist. Many attorneys offer an initial consultation (sometimes free or for a reduced fee) to discuss the case. Use that opportunity to ask about their experience with similar cases, what they would charge, and what they see as the possible strategy.
Finally, trust your instincts when choosing a lawyer. Post-conviction work can be complicated and not every lawyer will give an optimistic answer. A good post-conviction attorney should be honest about the challenges, knowledgeable about the law, and genuinely interested in your loved one’s case. You want someone who will fight hard, but also not make unrealistic promises. It’s okay to talk to a few attorneys before deciding who to hire or work with. Your advocacy – as a family member – can make a big difference in ensuring your loved one gets the help they need.
Organizations That May Assist with Post-Conviction or Wrongful Conviction Cases
In addition to private attorneys, certain nonprofits and legal organizations focus on post-conviction issues. Below is a short list of organizations, in Georgia or nationally, that help incarcerated individuals with appeals, habeas corpus, or claims of innocence. These groups usually have specific criteria for the cases they accept (for example, actual innocence claims, death penalty cases, etc.), but it is worthwhile to reach out if your loved one’s situation aligns with their mission:
- Southern Center for Human Rights (SCHR) – A Georgia-based nonprofit law firm that advocates for the rights of people in the criminal justice system. SCHR handles impact litigation and some individual cases, especially involving extreme sentences, unconstitutional prison conditions, or the death penalty. They have a history of representing people on Georgia’s death row in post-conviction proceedings and challenging unfair criminal justice practices. Website: https://www.schr.org (Atlanta, GA).
- Georgia Innocence Project (GIP) – A nonprofit organization dedicated to overturning wrongful convictions in Georgia. They focus on cases where new evidence (often DNA evidence, but also other types of new proof) can demonstrate a person’s innocence. If your loved one has always maintained innocence and there is evidence that could be tested or was not considered, GIP may review the case. They receive applications from inmates or families and investigate cases that meet their criteria (generally serious crimes where the person has many years left to serve, and credible evidence of innocence exists). Website: https://www.georgiainnocenceproject.org (Atlanta, GA).
- Georgia Resource Center – This organization (formally the Georgia Appellate Practice & Educational Resource Center) provides legal representation to individuals on Georgia’s death row. If your loved one is facing a death sentence, the Georgia Resource Center can often assist with state and federal habeas corpus petitions and appeals. They have attorneys experienced in capital post-conviction litigation and are a crucial resource for indigent death-sentenced prisoners who need legal help. Website: https://www.garesource.org (Atlanta, GA).
- Innocence Project (National) – The Innocence Project is a national organization based in New York that pioneered the use of DNA testing to exonerate the wrongfully convicted. While they directly handle cases across the U.S., they often partner with local groups like the Georgia Innocence Project. You can contact them if your loved one’s case involves possible DNA evidence or innocence; if they can’t take the case, they might refer you to GIP or another member of the Innocence Network in your region. Website: https://www.innocenceproject.org.
- Southern Poverty Law Center (SPLC) & ACLU of Georgia – These are civil rights organizations that sometimes get involved in criminal justice issues. SPLC has historically worked on impact litigation in Southern states (e.g. challenging unconstitutional laws or practices), and ACLU of Georgia has legal programs related to criminal law reform. While they do not typically handle individual appeals, if your loved one’s case raises broader civil liberties issues (for instance, a First Amendment issue in prison, or a systemic issue affecting many people), they may be interested or can point you to resources. Websites: https://www.splcenter.org and https://acluga.org.
(Tip: When reaching out to nonprofits, provide a concise written summary of the case and why you believe it merits their attention. Be sure to include your contact information and your loved one’s information. These organizations often have intake forms on their websites – use those if available. Then, be patient, but follow up periodically.)
Additional Resources
Online Resources:
- Prison Activist Resource Center: https://www.prisonactivist.org/resources/georgia-innocence-project
- The Innocence Network: https://innocencenetwork.org/
Books and Guides:
- Georgia Post-Conviction Handbook: A Practical Guide to State and Federal Post-Conviction Remedies and Relief (available in some prison libraries)
- The Habeas Citebook: Prosecutorial Misconduct by Alissa Hull
- Prisoners’ Self-Help Litigation Manual by John Boston and Daniel Manville
Supporting Your Loved One
Navigating post-conviction legal processes can be overwhelming, but remember that you are not alone. Many families in Georgia have walked this path. Encourage your loved one to remain hopeful and patient – appeals and habeas cases take time, sometimes years, to resolve. As a family member or friend, you can offer invaluable support by handling research and communications that your incarcerated loved one might struggle to do from prison. Keep copies of all legal documents, court opinions, and correspondence so far, and stay organized as you work with attorneys or organizations.
Above all, don’t give up. Even if one avenue fails (for example, if the direct appeal is denied), there may be other options like state habeas or clemency. By educating yourself and reaching out to the resources available, you’re advocating for your loved one’s rights and dignity. Post-conviction fights are often uphill battles, but with the right legal help and persistent support, it is possible to achieve relief – whether it’s a reduced sentence, a new trial, or even freedom for someone who was wrongly convicted. Every step you take on this journey brings your loved one closer to a second chance.
The post-conviction relief process can be lengthy and complex, but with proper representation and persistence, it’s possible to overcome wrongful convictions and constitutional violations. By understanding the available options and connecting with qualified legal professionals, families can play a crucial role in helping their incarcerated loved ones pursue justice.
Remember that this guide provides general information and is not a substitute for personalized legal advice. Each case is unique, and specific circumstances may affect available options and strategies.
This resource guide was prepared by Georgia Prisoners’ Speak (GPS.press) to help families navigate the post-conviction process. While we strive to provide accurate information, this document does not constitute legal advice. Laws and procedures may change, so always verify current information with a qualified attorney.
