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Georgia

State Resource Guide

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The Post-Conviction Process

Click on the underlined links to view more information. 

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Prosecutorial Review

Clemency

Victims have rights throughout this whole process. Click here to learn more.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.
  • These can include motions to arrest the judgment, to withdraw the plea, to be resentenced, or for a new trial based on new evidence or problems with how the case has been handled. In certain situations, the prosecution may also file a motion to reduce the sentence.
  • Victims can receive information about post-trial motions from the District Attorney’s Office where the crime was prosecuted.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-trial motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”
  • On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
  • The local District Attorney’s Office or the Attorney General represents the State in direct appeal, depending on the crime. Victims can receive direct appeal updates by contacting the District Attorney’s Office where the crime was prosecuted or the Criminal Justice Division of the Attorney General’s Office at (404) 656-3397 or (404) 656-3349. For additional assistance, victims can call the Criminal Justice Coordinating Council at 404-657-1956.

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed that are filed after the direct appeal process has ended.
  • These motions can seek many outcomes, including invalidation of the conviction, shortening the amount of time the convicted person must spend in prison, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
  • The Georgia Attorney General represents the State in state post-conviction proceedings. For information about post-conviction, victims can contact the District Attorney’s Office where the crime was prosecuted or the Criminal Justice Division of the Attorney General’s Office at (404) 656-3397 or (404) 656-3349. For additional assistance, victims can call the Criminal Justice Coordinating Council at 404-657-1956.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under Georgia law may go to federal court in a process called “habeas corpus.”
  • Relief in federal habeas corpus is available only in specific and rare circumstances. Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.
  • The Georgia Attorney General represents the State in federal habeas corpus proceedings. Victims can contact the Criminal Justice Division of the Attorney General’s Office at (404) 656-3397 or (404) 656-3349. For additional assistance, victims can call the Criminal Justice Coordinating Council at 404-657-1956.

Early Release Programs

These programs can include parole, medical or geriatric parole, medical reprieves, and earning “credits” in prison.
  • If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in Georgia, including parole, parole due to medical condition or advanced age, release from prison for medical treatment (called a “medical reprieve”), or earning reductions in their sentence (called “Performance Incentive Credits”) for good behavior or completing certain educational, vocational or rehabilitative programs in prison.
  • For early release notification, victims can register by submitting a Victim Notification Form to the State Board of Pardons and Paroles and registering through VINE. Victims can call the Victim Information Program (V.I.P.) at 1-800-593-9474 for information about the custody status of an incarcerated individual. Victims can also search the Tentative Parole Month (TPM) look-up and the Parolee Search for information about incarcerated individuals.

Prosecutorial Review

Prosecutors can reconsider the conviction to be sure it is just.
  • A few prosecutors’ offices in Georgia – including those in Fulton County and Gwinnett County – have established conviction review units. These units review prior cases to identify plausible claims of actual innocence.

Clemency

In rare cases, the Board of Pardons and Paroles may grant the convicted person relief from their sentence or conviction.
  • The Board of Pardons and Paroles can grant clemency to people convicted under Georgia law. In Georgia, clemency typically takes one of two forms: a pardon (which forgives a conviction) or a commutation (which shortens a person’s sentence or reduces a death sentence to a life sentence).
  • For clemency notification, victims can register by submitting a Victim Notification Form to the State Board of Pardons and Paroles. Victims can contact the Georgia Office of Victim Services by email or phone at 1-800-593-9474 or 404-651-6668 for information about clemency notification.

Victims Rights
Post-Conviction

In Georgia, victims have the right to:
  • Be treated fairly and with dignity
  • Reasonable, accurate, and timely notification of court proceedings*
  • Reasonable, accurate, and timely notification of release or escape*
  • Presence at scheduled court proceedings
  • Be heard at court proceedings involving the release of the accused
  • Write a statement for the parole board’s consideration
  • Communicate with the prosecutor
  • Request restitution and apply for victim’s compensation
  • Ask for help from the court if the victim was not properly notified of court proceedings

 

* All rights to notification require the victim to provide and update their information with the District Attorney, Attorney General, Department of Corrections, and/or the Board of Paroles and Pardons.

Compensation

  • Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, the Georgia Crime Victims Compensation Program reimburses victims for expenses related to the crime, such as healthcare, lost wages, and funeral expenses.
  • Victims may request assistance with unpaid restitution by contacting the Georgia Office of Victim Services by email or phone at 1-800-593-9474 or 404-651-6668. The Unclaimed Restitution Program helps victims determine if they have restitution that was paid and not yet claimed. Additionally, victims can apply to the Georgia Crime Victims Compensation Program by completing an application. Applications must be filed within 1 year of the crime, with limited exceptions.
Click here to learn more about the post-conviction process and victims’ rights in Georgia

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