Can You Appeal a Prostitution Criminal Charge in Georgia? What Atlanta Defendants Should Know

Facing a criminal conviction for prostitution in Georgia can feel overwhelming—but a conviction is not necessarily the end of your legal journey. If you believe there were legal errors during your case, you may have the right to appeal the conviction or sentence. At The Spizman Firm, our Atlanta Criminal Defense Attorneys help clients across Georgia explore all available options to fight unjust outcomes, including through the appellate process.

Understanding the Charge

Under O.C.G.A. § 16-6-9, prostitution is defined as performing, offering, or agreeing to perform a sexual act for money or something of value. A first-time offense is typically charged as a misdemeanor, punishable by fines, probation, community service, or up to a year in jail. However, repeat offenses and related charges—such as pimping or solicitation—can carry steeper penalties, including felony status.

A prostitution conviction can carry long-term consequences, including harm to your reputation, loss of employment opportunities, and even difficulty securing housing. For these reasons, it’s crucial to consider whether you can appeal the decision.

Can You File an Appeal?

Yes, you can appeal a prostitution conviction in Georgia—but there are strict rules and deadlines. In most misdemeanor cases, you have 30 days from the date of your conviction or sentencing to file a notice of appeal with the appropriate court. Appeals are typically based on issues such as:

• Legal errors made by the judge during trial
• Improper admission or exclusion of evidence
• Violations of your constitutional rights
• Ineffective assistance of counsel
• Jury misconduct or bias

It’s important to understand that an appeal is not a retrial. You won’t present new evidence or re-argue the facts of the case. Instead, the appellate court reviews the trial record to determine if legal errors occurred that affected the outcome.

What Happens After You Appeal?

Once the appeal is filed, your attorney will submit a written brief explaining the legal errors and why the conviction or sentence should be reversed or modified. The prosecution will file a response. In some cases, the appellate court may schedule oral arguments. The court can then:

• Uphold the conviction
• Reverse the conviction
• Order a new trial
• Modify the sentence

The process can take several months, and success is not guaranteed—but with a knowledgeable defense attorney, you stand a better chance of identifying appealable issues and presenting a strong case.

Post-Conviction Relief and Record Restriction

Even if an appeal is not successful or feasible, you may have other post-conviction options, such as filing a motion for a new trial or petitioning for record restriction (formerly known as expungement) in certain cases. These options are complex and depend on the specifics of your case.

Talk to an Experienced Atlanta Criminal Defense Attorney

If you’ve been convicted of prostitution in Georgia and believe legal errors affected your case, don’t give up hope. The Spizman Firm has extensive experience handling criminal appeals and post-conviction matters and will thoroughly evaluate your options. Contact us today for a confidential consultation to discuss whether an appeal or other legal remedy is right for you. We proudly serve clients throughout Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs.