Why Choose an Attorney vs an Advocate for a Criminal Appeal?

But what is an advocate, and are they really the right choice for something as complex as a criminal appeal?

The short answer is no.

While advocates may provide support in limited situations, a criminal appeal demands the skill, experience, and courtroom access that only an attorney can provide.

What Is an Appeal Advocate?

The term “advocate” has different meanings depending on where you look. In some contexts, advocates are professionals who help people navigate administrative processes, such as benefits claims, housing disputes, or immigration issues. They may provide guidance, write letters, or assist with forms. But they are not lawyers.

In the criminal justice system, some advocates market themselves as affordable alternatives to attorneys for appeals. They might promise to help draft documents, research cases, or “coach” defendants through the process. While this may sound appealing, especially to someone already financially drained from a trial, there are serious limits to what an advocate can do.

The Limits of an Appeal Advocate

No Right to Practice Law

Advocates are not licensed attorneys. That means they cannot sign pleadings, file motions, or represent someone at court. Any filing must be done by the defendant acting as their own representative (known as pro se), which leaves the defendant exposed to devastating mistakes in procedure and substance.

 No Courtroom Access

An appeal can involve oral arguments before the Georgia Court of Appeals or the Georgia Supreme Court. Only licensed attorneys admitted to those courts can present arguments. An advocate cannot stand before a judge and argue your case.

No Binding Ethical Standards

Attorneys are bound by strict ethical rules, professional discipline, and malpractice accountability. Advocates are not. If they provide poor advice or miss a crucial deadline, there’s no professional body overseeing their conduct or protecting you.

Limited Knowledge of Criminal Law

Appeals are not simply about retelling the story of a case. They require identifying trial court errors, understanding constitutional law, and crafting arguments based on statutes, precedent, and procedural rules. Advocates may lack the legal education and courtroom experience to do this effectively.

False Sense of Security

Perhaps the greatest danger of hiring an advocate is the illusion of representation. Clients may feel their appeal is “in good hands” when in reality, no qualified professional is steering the case. By the time this becomes clear, critical deadlines may already be missed.

Why an Attorney Is Always the Better Choice

Attorneys Can Actually Argue Your Appeal

An appeal in Georgia must be handled within stringent rules and deadlines. Attorneys are trained to draft appellate briefs, cite controlling case law, and argue before appellate courts. Only a licensed attorney has the standing to represent you at every stage of the appellate process.

Attorneys Know How to Spot Legal Errors

An appeal is not a second trial, but instead a technical examination of legal mistakes that may have affected the outcome. Experienced appellate attorneys know how to comb through the record, analyze jury instructions, challenge evidentiary rulings, and frame those errors into compelling appellate issues. Advocates don’t have the legal training to do this.

Attorneys Bring Strategic Experience

A skilled appellate attorney understands not just the law but also how judges think and how arguments are received. Crafting a persuasive brief isn’t just about reciting facts; it’s about telling the court why the law requires a different outcome. That strategy comes from years of practice, which is something advocates cannot replicate.

Attorneys Protect Your Rights

In Georgia, the appellate process includes critical deadlines: a notice of appeal must be filed quickly, and briefs must follow detailed rules. Miss one, and the appeal can be dismissed outright. An attorney ensures compliance with these rules, safeguarding your right to be heard.

The Cost of Choosing Wrong

Clients sometimes look to advocates because they are less expensive than attorneys. But when your freedom, criminal record, or future is on the line, “cheaper” can end up being more costly. If an advocate mishandles the appeal, the opportunity may be permanently lost. Georgia law does not give unlimited chances to appeal. In many cases, you only get one shot. Entrusting that shot to someone who cannot fully represent you is a dangerous gamble.

Why Experience in Criminal Appeals Matters

Not all attorneys are equally equipped to handle an appeal. Trial work and appellate work are very different. Appeals require precision, patience, and a command of written advocacy. At Hogue Griffin, our attorneys focus exclusively on criminal defense, and we bring decades of combined experience in Georgia appellate courts. We know how to identify errors in trial records, craft strong briefs, and argue cases effectively before the state’s highest courts. If you or a loved one is considering an appeal, trust attorneys who know the process inside and out and who are prepared to fight for your future.