Once your loved one has been convicted and sentenced to prison, it is easy to become discouraged and feel that all hope is lost. It’s not. There are a variety of post-conviction remedies available to challenge a criminal conviction in Georgia, including: motion for new trial, direct or discretionary appeal, motion to withdraw guilty plea, certiorari, and habeas corpus.

However, no area of criminal practice demands more knowledge, skill, and experience than challenging a conviction and seeking a new trial through appeal. Once a defendant enters a plea of guilty, or is convicted after a trial, he no longer enjoys the presumption of innocence. In order to obtain a new trial, the burden is on the defendant to demonstrate that a substantial legal error occurred during the trial process. Usually this means that the trial judge made an erroneous ruling which affected the fairness of the trial, the trial attorney made a prejudicial mistake, or that the prosecutor did something improper. Finding these legal errors which might entitle a defendant to a new trial can be very complicated and is often like looking for a needle in a haystack. Experience is crucial.

Enticing a Minor Child

RETROACTIVE FIRST OFFENDER GRANTED


Retired insurance executive spent years in prison and more than 8 years on probation and parole. K&R asked the court to retroactively grant first offender status and terminate the case. After the hearing, the superior court judge apologized to client for the injustice which occurred and advised it was her honor to grant the requested relief: retroactive first offender granted / case terminated / removal from the sex-offender registry.


- Douglas County, 2018
Cruelty to a Child First Degree

PROBATION TERMINATED EARLY


Young man serving a probated sentence for cruelty to a child deserved the opportunity to move beyond his sentence and the worst day of his life. Seeking to reunite with the child, K&R successfully argued for early termination of his probated sentence. The young man was able to get a jump start on the rest of his life.







- Cobb County, 2017
Appeal Won

TRIAL COURT REVERSED


K&R challenged the statements made by client during an unlawful and unconstitutional roadside interrogation. Following a lengthy evidentiary hearing, a Cobb County State Court judge rejected K&R’s argument. The Cobb judge’s erroneous ruling was then taken up to the Court of Appeals of Georgia, which unanimously agreed with K&R that the statement was an unlawful violation of client’s MIRANDA rights. As a result, the client’s statements were thrown out and his charges reduced with no jail time.
- Court of Appeals of Georgia, 2015
 

At Kilgore & Rodriguez, we have a track record of winning on appeal. As a former law assistant on the Georgia Supreme Court, Maddox understands what the appellate courts are looking for and how to best present a compelling appeal. As a former Assistant Attorney General, Maddox honed his skills in legal research, writing legal briefs, and arguing appeals before the Georgia Supreme Court and the Court of Appeals for the Eleventh Circuit. That experience has resulted in winning appeals:

  • Chavez-Ortega v. State, 331 Ga. App. 500 (2015)
  • Tindell v. State, 314 Ga. App. 91 (2012)
  • Hedden et. al. v. State, 288 Ga. 871 (2011)
  • Fedak v. State, 304 Ga. App. 580 (2010)
  • Nelson v. State, 302 Ga. App. 583 (2010)
  • State v. Goode, 298 Ga. App. 749 (2009)
  • Robinson v. State, 286 Ga. 42 (2009)
  • Boivin v. State, 289 Ga. App. 411 (2009)
  • Dunagan v. State, 283 Ga. 501 (2008)
  • Jones v. State, 294 Ga. App. 169 (2008).
 

What Our Clients Are Saying

 
“I was wrongly violated on felony probation in Cobb County. I had several consultations with different lawyers, but being that it was my third revocation nobody really seemed interested in my story… Mr. Rodriguez had my best interest in mind. He believed in me and my case. I had all the odds stacked against me. In less then 24 hours after my Initial consultation he had my warrant lifted and I was back on good terms with probation. This guy works miracles!!!!!!”   —  Carmalita