Once a person is convicted of a crime there are few avenues to overturn a criminal
conviction. The most common method of challenging a criminal conviction is through
a direct appeal. Mr. Hames has an extensive knowledge of the law and appellate
procedure that provides a real chance of overturning a conviction.
In Georgia once a person has been convicted of a crime the burden of persuasion
changes. Mr. Hames represented the State of Georgia in numerous high profile appeals.
He understands what an appellate court is looking for and what it takes for his clients to
What happens if a person loses his direct appeal? The fight is not over, but the burden
to overturn a conviction becomes even higher. The law provides that a person
convicted of a crime can file a lawsuit against the person that has custody of them to
challenge the constitutionality of their conviction. This process is known as a writ of
A habeas corpus case if filled with procedural traps, defaults and bars. Even the most
experienced criminal defense attorneys can fail to recognize these traps until it is too
late. Mr. Hames has handled hundreds of habeas cases and knows how to avoid the
procedural dangers of habeas.
The vast majority of criminal cases are resolved by a guilty plea. The writ of habeas
corpus is available to challenge a guilty plea as well as a full trial with an appeal. What
grounds a person may have will depend on each individual case and how they were
convicted. For example, a person that is convicted through a guilty plea has far fewer
possible grounds than someone that went to trial.
Mr. Hames will review your habeas corpus case to determine whether there is a viable
claim to raise. If there is not a good claim, Mr. Hames will tell you that to ensure that
you do not waste your money chasing an unrealistic hope. If there is a good claim, Mr.
Hames will aggressively pursue that claim as far as it can go.