You’ve been convicted of a crime. What are your options now?
McIntyre & Associates is an Atlanta law firm practicing exclusively in the field of postconviction representation. Our clients often come to us with no hope of obtaining relief from their sentence, and no idea what they can do to change the repercussions that plague them after a conviction. We understand the unique difficulties and challenges that convicted clients and their families face in Georgia and we are focused on helping people regain their freedom.
At McIntyre & Associates, we have the expertise to evaluate the postconviction options that may be available to you once you have been convicted of a crime in Georgia. Whether you are currently incarcerated and trying to regain your freedom, or you are still suffering from the repercussions of a past conviction, we are here to help.
Convicted of a sex offense? We can help.
Often sex offenders find themselves particularly challenged by the additional requirements and restrictions faced upon release from incarceration, including their required participation in the Georgia sex offender registry. At McIntyre & Associates we understand the Georgia sex offender requirements and restrictions, as well as the classification process that sex offenders must complete upon their release from prison. We are knowledgeable of the process required for petitioning for removal of a convicted sex offender from the Georgia sex offender registry.
Please browse our information below regarding some of the postconviction options that may be available to offenders who are suffering from the consequences of a conviction. To learn more information regarding our firm's services, please complete our new client contact form.
Direct Appeals in Georgia are controlled by Official Code of Georgia Annotated Title 5, Chapter 6. (Generally, OCGA §5-6-30 through §5-6-51). Direct Appeals must be filed within 30 days after entry of judgment in a case or 30 days after the denial of a motion for new trial.
MOTION FOR NEW TRIAL
In Georgia, motions for new trial are governed by the Official Code of Georgia Annotated Title 5, Chapter 5. (Generally, OCGA §5-5-20 through §5-5-51.) A motion for new trial must be filed within 30 days of the entry of the judgment on the verdict or entry of the judgment if the case was tried without a jury, except in extraordinary cases (See Section on Extraordinary Motion for New Trial).
MOTION TO MODIFY SENTENCE
In Georgia, motions to modify sentences are governed by the Official Code of Georgia Annotated Section 17-10-1(f). Essentially, within either 120 days after receipt by the sentencing court of the remittitur upon affirmance of the judgment after direct appeal or within one year of the date upon which the sentence is imposed, whichever is later, the court that imposed the sentence has the jurisdiction, power, and authority to correct or reduce the sentence. The court also has the jurisdiction, power and authority to suspend or probate all or any part of the sentence imposed.
MOTION TO CORRECT VOID SENTENCE
In general, in the state of Georgia, a sentence is void if the court imposes punishment that the law does not allow. A void sentence may be corrected at any time. Even if the time for modifying a sentence under OCGA 17-10-1(f) has passed, the court that imposed the void sentence retains the authority to correct it.
EXtraordinary Motion for new trial
Extraordinary motions for new trial are governed by the Official Code of Georgia Annotated Section 5-5-41. An extraordinary motion for new trial allows the defendant to challenge a conviction based upon newly discovered evidence. It can be filed at any time after conviction. However, it is not easy to prevail on such a motion because the newly discovered evidence must meet certain legal criteria, including a demonstration to the court (1) that the newly discovered evidence has come to the defendant’s knowledge since the trial; (2) that want of due diligence was not the reason that the evidence was not acquired sooner; (3) that the evidence was so material that it would probably produce a different verdict; (4) that it is not cumulative only; (5) that the affidavit or the witness is procured or its absence accounted for; and (6) that the new evidence does not operate solely to impeach the credit of a witness.
STATE AND FEDERAL HABEAS CORPUS
Please visit our habeas corpus page to learn more about habeas corpus relief.