Violated probation in Atlanta, Georgia? Learn what happens next, your legal options, and how a probation lawyer can help you avoid jail time. Call today.

Convicted of a crime in Georgia? Learn your post-conviction options, including appeals, probation, parole, and motions for a new trial with an Atlanta defense attorney.

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Facing an adverse judgment can be an overwhelming experience. A litigant may be left feeling scared, frustrated, and unsure of what to do. Luckily, this does not necessarily mean the end of the court process. It is important to know there are options. Here, we explore the grounds for a motion for a new trial in Atlanta and common reasons and requirements. If there are legal means to do so, the court can grant a new trial. In 2022, for example, an Atlanta man was granted a retrial based on an insufficiency of evidence during initial proceedings and was later acquitted. A motion for a new trial can be an important legal mechanism. Appeals and New Trials In the post-trial stage, it can be confusing to understand the proper steps to take. One of the first things that must be done is to decide if a motion should be filed for a new trial or an appeal. While similar, these two motions are fundamentally different. A motion for an appeal argues that there was a problem in the court process which caused a defect in the court process. This can include things like ineffective counsel or issues with evidence. Importantly, an appeal seeks to move the case to a higher court, in effect making a request to take it out of the hands of the court of first instance. A motion for a new trial is, in effect, a request to the ruling judge to try the same case again. While this motion, like an appeal, argues that problems occurred during initial proceedings, it does not seek to move the case to the higher courts. Rather, it submits reasons that a new trial should take place under the initial judge, and is grounded on the submission of exculpatory information. Grounds for a Motion for a New Trial A person submitting a motion for a new trial, or “movant,” can make their claim on several grounds. This must be done within 30 days of the initial court judgement. In the state of Georgia, this motion is made possible by Article 2, Chapter 5, Title 5 of the Georgia Code ( §§ 5-5-20 ), which recognizes the following as legitimate grounds for a new trial: I nsufficiency of evidence. This could mean several things, including any errors committed by the court through illegal admissions of evidence or exclusion of exculpatory evidence. Newly discovered evidence. For this to be valid, the evidence must have come to the movant’s knowledge after the trial, and a legitimate reason must be offered for the party not being aware of it before then. The evidence should be consequential and likely to have a bearing on the original outcome of the initial court decision. A contradiction between the judgment and the evidence presented. This occurs when the legal judgment of the court stands in direct conflict or contradiction with the facts presented to the court. This can happen when evidence is interpreted mistakenly or when the evidence presented is clearly exculpatory. Legal errors during trial proceedings. Sometimes errors happen in the pre-trial or trial procedure. If there was impropriety in things like jury instructions, use of inadmissible evidence, or other irregularities that can be shown, there may be a legitimate reason for a new trial. Atlanta Court Backlogs As of June 23, 2023, Fulton County’s Magistrate Court reported over 307,000 case filings since January 1, 2019, with approximately 171,010 landlord-tenant cases. Of these, 14,643 remained open, with 6,952 awaiting a trial date, indicating a significant backlog in eviction-related cases. Court backlogs can delay dates for setting retrials. FAQs Q: How to Win a Motion for a New Trial? A: To be successful in a motion for a new trial, you should be prepared with your filings and justifications. Drafting the motion is crucial. Clear, precise justifications must be given. If, for example, there is new evidence, it must be shown that it serves an exculpatory function. Likewise, justification must be given for it not having been included previously. Being prepared and understanding the guidelines are fundamental when filing a motion for a new trial. Q: What Are the Grounds Upon Which a Court May Grant a New Trial? A: In the state of Georgia , under Title 5 of the Georgia Code, a court may grant a new trial due to newly discovered evidence, problems with the initial evidence presented at the initial trial, and any legal errors that can be shown to have been made as well. In addition, if it can be shown there was a contradiction between the judgment and the evidence presented in the original case, a motion may be granted. Q: What Is the Federal Rule for a Motion for a New Trial? A: Under Federal Rule of Civil Procedure 59 , a motion for a new trial in a federal court must be filed within 28 days after the entry of judgment. The court may grant a new trial if the verdict is contrary to the weight of evidence, involves legal errors, or other reasons that justify a new proceeding, such as juror misconduct or newly discovered evidence. The decision to grant a new trial is within the trial court’s discretion. Q: Can an Attorney Help Get a New Trial in Atlanta? A: A skilled lawyer can help secure a new trial in Atlanta by filing a motion within 30 days of the judgment, demonstrating errors like insufficient evidence, legal mistakes, or juror misconduct. They can gather new evidence, such as uncalled witnesses or exculpatory material, and argue how trial irregularities violated the defendant’s right to a fair trial. If denied, an experienced attorney can appeal to a higher court, leveraging their skills to navigate strict deadlines and complex legal requirements. Speak with an Experienced Lawyer Today Seeking a new trial is a legitimate option should new evidence or extenuating circumstances arise. The process can be complex, and it is critical to have sound legal advice. At The Law Offices of Delisa Williams, PC , our attorneys have a track record of success when it comes to representing and advocating for clients. Contact us today to discuss developing a motion for a new trial. See Related Posts: 2025 Eligibility for Record Restriction in Atlanta: Do You Qualify The Benefits of Record Restriction in Georgia: A Second Chance at Success 

If you are charged with a crime in Georgia, you may face a range of consequences, from serving jail time, paying fines, being on probation, or being ordered to do community service, depending on the crime. However, another penalty is having a criminal record, which can not only stain your reputation but also impede you from obtaining a range of opportunities. Therefore, if you have a criminal record, you should understand how eligibility for record restriction in Georgia works. At The Law Office of Delisa Williams, PC, we provide criminal defense for a myriad of crimes . Whether you have been charged with a misdemeanor or a felony, our lawyers have top-notch skills, extensive experience, and provide the individualized attention necessary to help our clients reach successful outcomes. What Is Record Restriction? If you commit a crime, it will likely appear on your permanent criminal record. Criminal records in Georgia are maintained by the Georgia Crime Information Center (GCIC) and contain identifying information, arrest records, and judicial dispositions. These records are viewable by law enforcement agencies, courts, certain public agencies, employers, and the offenders themselves. According to the Prison Policy Initiative, roughly 38% of adults in Georgia have a criminal record . Of the over 200,000 adult arrests reported statewide, many were for misdemeanors that may qualify for restriction. Because criminal records are viewable to public agencies and employers, having a record can impede your ability to obtain employment, certain licenses, educational opportunities, and even housing. This is why many people seek to get their records expunged or restricted, also known as record sealing. This distinction is beneficial to many offenders because it means that even though the record is still accessible to courts and criminal justice agencies, it is hidden from the public, helping offenders regain their abilities to obtain jobs, housing, licensing, and educational opportunities. Georgia Record Restriction Laws In Georgia, offenders can get up to two misdemeanors restricted from their criminal record. Record restriction laws are pursuant to O.C.G.A. §35-3-37, which outlines the procedures for record restriction, eligibility, and other key factors. To get your record restricted in Georgia, you should contact the prosecuting attorney. If your arrest occurred in Georgia , you may need to contact the SOLICITOR'S OFFICE or DISTRICT ATTORNEY'S OFFICE for misdemeanor restrictions or the District Attorney’s Office for felony charges not resulting in conviction. It is wise to hire a criminal defense lawyer to begin the process for getting your record restricted, whether it is done by application or with the prosecuting attorney. Your lawyer can help you navigate your application and help you with other legal complexities when submitting your request. Record Restriction Eligibility Only certain charges are eligible to get their records restricted or limited from public view. Your lawyer at The Law Office of Delisa Williams, PC can help you determine if you qualify, but generally, the following criteria must be met for record restriction in Georgia: Your case ended with a not-guilty resolution. Your sentence was downgraded. Your criminal conviction was an eligible misdemeanor with the following criteria: You completed the terms of your sentence. You have not been convicted of a crime in at least four years, with certain exceptions. You do not have any pending charges. Generally, felonies are not eligible for restriction by Retro-Active First Offender is a viable tool in removing certain felonies. However, some crimes that are not eligible for record restriction, pursuant to O.C.G.A. §35-3-37, and include: the Misd. not eligible for record restriction are Family violence simple assault and battery, with the exception of youth offenders Family violence stalking Child molestation Public indecency Sexual battery Penalty for Attempting to Obtain Restricted Records The purpose of the record restriction law is to provide for the sealing of criminal records so that offenders have a second chance at life without obstacles. Therefore, violating this law by attempting to view or obtain restricted records is met with consequences. Specifically, if a person illegally obtains or even attempts to obtain sealed or restricted records, they may be met with the following penalties: Paying fines up to $5,000 Serving up to 2 years in jail Or both penalties These penalties also apply to individuals who disclose or attempt to disclose security and privacy methods related to restricted records and other criminal justice information. FAQs Q: How Do I Get My Record Restricted in Georgia? A: The process for getting your record restricted in Georgia depends on your case outcome. If your case met non-conviction criteria, such as getting dismissed or resulting in acquittal, then restriction occurs automatically if you were arrested after July 1, 2013. Nevertheless, following up with the prosecutor is recommended. However, if you were arrested before July 1, 2013, you must fill out an application and submit it to the arresting agency. Q: What Is the New Law for Restricting Convictions in Georgia? A: Georgia’s new record restriction law, Senate Bill 288 , took effect on January 1, 2021. It allows those with certain misdemeanor convictions to restrict those records from public view if they have had no new offenses for four years. The law aims to remove barriers to opportunities, such as employment, housing, and education. Although the records are limited from public view, criminal justice agencies and judicial officials are still able to view the records. Q: What Qualifies for Restriction in Georgia? A: Only certain records qualify for restriction in Georgia. First, typically, only misdemeanors and only certain misdemeanors are eligible for restriction. Specifically, to be eligible for record restriction, you must have met the following criteria: Your conviction must have ended in a not-guilty disposition. You must have completed your sentence. You must not have been convicted of a crime in four years. You must not have any pending cases. Q: Do Felonies Go Away After 7 Years in Georgia? A: No, there is no specific law that states felonies go away after seven years in Georgia. Generally, felonies permanently remain on your record. To get your record expunged or permanently cleared, you should contact a lawyer to advise you of the process. However, certain records can be restricted if they meet eligibility requirements and if you go through the proper channels to request the restriction. Contact an Experienced and Fierce Lawyer Today If you believe your criminal record is eligible for restriction, you should contact us right away . You deserve a second chance and the ability to seek employment, housing, and other opportunities without the barrier of a record. At The Law Office of Delisa Williams, PC, we are here to help you get your life on track and earn your freedom. See Related Posts: Falsely Accused of a Crime in Georgia How Much Does a Criminal Defense Lawyer Cost in Georgia? Grounds for a Motion for a New Trial in Atlanta: Common Reasons and Requirements