How to appeal a probate court decision in Georgia due to rights violations?

Question

I want to appeal a probate court decision in Banks County, Georgia. I believe my rights under the Fourth to Eighth Amendments were violated, as the court allowed hearsay comments and engaged in misleading statements. Furthermore, I was incorrectly informed that a lawyer was appointed for my defense. I have already warned the court of my intention to appeal. How can I proceed with filing the appeal under these circumstances?

James L. Arrasmith · Answer

To appeal a probate court decision in Banks County, Georgia, you'll need to file a written notice of appeal with the probate court within 30 days of the judgment. Your appeal should clearly outline the constitutional violations you experienced, including the Fourth through Eighth Amendment issues, the admission of hearsay evidence, and the misrepresentation about legal counsel. 
 
Your next step involves requesting a complete transcript of the probate court proceedings and paying any required filing fees, which typically range from $200-$300. Once filed, your case will move to the Superior Court of Banks County, where you'll have the opportunity to present arguments about why the probate court's decision should be overturned based on the constitutional and procedural violations you've described. 
 
Given the complexity of your situation involving multiple constitutional claims, working with a legal advisor who understands Georgia appellate procedure would greatly strengthen your position. The Georgia Legal Aid website offers free resources about the appeals process, and you might qualify for pro bono representation through organizations like the Georgia Appellate Practice Resource Center if financial constraints are a concern. Remember to gather all documentation that supports your claims about the violations, as this evidence will be crucial to your appeal's success.

Q: How to appeal a probate court decision in Georgia due to rights violations?