Post Conviction Remedies in Georgia

Michael Kennedy is an attorney in Micheal Kennedy Mclntyre & Associates, located in Atlanta, Georgia. His firm practices exclusively in the field of post-conviction representation. At Michael Kennedy Mclntyre and Associates, the firm has the expertise to evaluate the post-conviction options available to clients convicted of crimes in Georgia and federal crimes. If you have been convicted of a crime in Georgia, you have a number of post-conviction remedies at your disposal to help you challenge your conviction. A motion for a new trial is the first option. Rather than an appeal, it allows the same judge who presided over your trial to fix his or her error. This is not a required step; you can skip it and proceed straight to an appeal. If your application for a new trial is denied or you choose to let it go, the next step is a direct appeal. Unless you are convicted of murder, your direct appeal will be reviewed by the Court of Appeals of Georgia. Direct appeals of a murder conviction are reviewed by the Supreme Court of Georgia.

Pre-Parole Investigations in the State of Georgia

 

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For more than three decades, attorney Michael Kennedy McIntyre has led Michael Kennedy McIntyre & Associates in Atlanta, Georgia. At Michael Kennedy McIntyre & Associates, Mr. McIntyre and his team provide post-conviction representation for clients whose cases are being considered by the Georgia State Board of Pardons and Paroles. Many offenders in the Georgia Department of Corrections typically are required to serve one-third of their sentences before they are eligible for parole consideration. Before considering an offender for parole, the Georgia Board of Pardons and Paroles conducts a pre-parole investigation. This process creates a file that includes the offender’s personal history and information about the offender’s convicting offense and former arrest record. Pre-parole investigation files are maintained by the Parole Board and used as the basis for all decision-making related to granting or denying an offender’s release on parole. Another document considered during the process include the Department of Corrections’ Parole Review Summary, which covers the offender’s activities and behavior in prison. Generally, there are four possible results of the Georgia Parole Board’s consideration of an offender for parole: first, the Georgia Parole Board may grant the offender parole; second, the Georgia Parole Board may deny parole entirely and require the offender to serve out the entire sentence; third, the Georgia Parole Board may establish a Tentative Parole Month for the offender; and fourth, the Georgia Parole Board may instead establish a “Reconsideration Date.” A “Reconsideration Date” is the future date when the Georgia Parole Board will next consider the offender for parole.

How Does Parole Work in Georgia?

 

McIntyre & Associates
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For more than 30 years, attorney Michael McIntyre has practiced exclusively in the field of postconviction representation. His firm, Michael Kennedy McIntyre & Associates, focuses on the needs of criminal defendants after conviction and assists clients with matters such as seeking parole. In most cases in the state of Georgia, a convicted person reaches their Parole Eligibility Date (PED) when he or she has served one-third of their custodial sentence. At that time, a hearing examiner rates the severity level of the individual’s crime and compares that to the related parole-decision guidelines set forth by the state. If the Parole Board determines that parole is advisable, it establishes a Tentative Parole Month (TPM).

During the process of parole consideration, the Parole Board reviews records related to the individual’s arrest and trial. The Parole Board also reviews the correctional institution’s report on the eligible individual, which includes information about his or her mental, physical, and emotional health, as well as accounts of his or her behavior and initiative while incarcerated. The parole decision incorporates not only these findings but also any information that the Parole Board receives from third parties. In the State of Georgia, any individual, including victims and prosecutors, may send information for consideration. All of this material helps the Parole Board to determine if, when the TPM arrives, the individual will be released on parole.

Michael Kennedy McIntyre’s Successful Postconviction Remedies

McIntyre & Associates
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A respected Atlanta law firm, Michael Kennedy McIntyre & Associates provides clients with dedicated support in their efforts to gain release from prison and overcome restrictions placed on them related to past convictions. Michael Kennedy McIntyre & Associates offers a comprehensive approach to postconviction cases and takes pride in its positive results.

One case successfully handled involved a recidivist who did not have parole eligibility due to his status as a repeat offender. Attorneys assisted the client in the filing of a “Motion to Correct Void or Illegal Sentence.” After a granting of the motion, the client gained parole eligibility and was subsequently released on parole.

Another case involved a statutory rape sentence that carried with it a minimum of 10 years in prison. With the court unaware of a recently introduced sentencing provision that granted discretion to impose a shorter than mandatory minimum sentence, the law firm filed a “Motion to Correct Void or Illegal Sentence.” This resulted in a lessening of the sentence and the client’s release after serving less than six years.