What Are the Grounds for Filing a Criminal Appeal?

If you’ve been convicted of a crime, it can feel like the end of the road. But in many cases, it isn’t. A criminal conviction doesn’t mean you’ve run out of options. One potential path forward is filing an appeal, but it must be based on valid legal grounds. We are going to take a look at criminal appeals in Virginia and what may constitute a valid appeal.

 

What Is a Criminal Appeal?

A criminal appeal is a formal request asking a higher court to review and potentially overturn a conviction or sentence handed down by a trial court. It’s not a new trial or a second chance to present evidence. Instead, it’s a legal process focused on whether the law was applied correctly in your case.

 

Can You Appeal Just Because You Disagree With the Verdict?

No. You cannot file an appeal just because you didn’t like the outcome. The appellate court looks for specific legal errors that may have affected the verdict or sentence. Emotional arguments or attempts to re-try the facts of the case will not work.

 

What Are the Most Common Grounds for a Criminal Appeal in Virginia?

Several issues can form the basis for a criminal appeal. Some of the most common include:

• Legal errors during the trial: These might include improper jury instructions, the judge’s misinterpretation of the law, or the improper admission or exclusion of evidence.
• Ineffective assistance of counsel: If your attorney failed to provide competent representation, that can form the basis for an appeal. This could mean failure to object to key evidence, lack of preparation, or not calling essential witnesses.
• Prosecutorial misconduct: If the prosecutor acted improperly, such as withholding exculpatory evidence or making inflammatory statements during closing arguments, that may support an appeal.
• Juror misconduct: If a juror failed to disclose bias or engaged in misconduct during deliberations, this can also be grounds for appeal.
• Insufficient evidence to support a conviction: While rare, appeals can be based on the argument that no reasonable jury could have found guilt beyond a reasonable doubt.
• Sentencing errors: If a judge imposed a sentence that doesn’t align with Virginia law or exceeds the legal limits, you can challenge it on appeal.

 

How Do You Begin the Appeals Process?

Filing an appeal starts with a notice of appeal, which must be submitted within a specific timeframe after the conviction. In Virginia, this is typically 30 days from the date of sentencing. Missing this window could mean you lose the right to appeal entirely.

 

Who Reviews Your Criminal Appeal?

Your case will be reviewed by a panel of appellate judges, not the original trial judge. These judges focus on whether a legal mistake occurred and if it affected the outcome of the trial. They don’t weigh in on your guilt or innocence but rather on whether the trial was conducted fairly and lawfully.

 

What Evidence Is Considered in an Appeal?

The appeals court doesn’t hear new testimony or accept new evidence. Instead, they review:

• The trial transcript
• Legal briefs submitted by both sides
• The existing evidence presented during the trial

You won’t testify or call witnesses during an appeal. Your legal team will argue the issues through written briefs and, in some cases, during oral arguments before the appellate judges.

 

What Happens If You Win a Criminal Appeal?

If your appeal is successful, several outcomes are possible:

• The conviction can be overturned
• A new trial can be ordered
• The sentence can be reduced
• The case can be dismissed entirely (in rare cases)

The specific outcome depends on the nature of the legal error and how it affected the trial.

 

What Happens If Your Appeal Is Denied?

If the appellate court denies your appeal, you may still have further options, such as petitioning the Virginia Supreme Court or even seeking federal review. However, these steps are limited and not guaranteed.

 

Why Should You Work With Experienced Appellate Attorneys?

Appeals are not simply extensions of your original trial court proceedings. They involve a completely different skill set, one focused on identifying legal errors and presenting them clearly to a higher court. That’s why working with experienced appellate attorneys is critical.

At Ashwell & Ashwell, PLLC, our team includes:

• A retired judge who understands the legal process from the bench
• Former prosecutors who know how the other side thinks
• Deep ties to the local legal community
• We don’t just know the law, we know how to navigate it effectively for our clients.

 

Do You Offer Free Consultations for Criminal Appeals?

Yes. We offer free consultations for criminal law matters, including appeals. We can review your case, discuss your options, and give you honest feedback about the strength of your potential appeal.

 

Is It Worth Filing an Appeal?

Every case is different. Filing an appeal isn’t always the right decision, and not every conviction is eligible for reversal. But if your rights were violated, or the trial wasn’t fair, an appeal could give you the second chance you need.

If you are struggling to understand your guilty conviction, or you don’t know if you can file for an appeal, or if an appeal is even worth it, call Ashwell & Ashwell, PLLC today. We can help you navigate appellate court procedures with ease. 

 

When Should You Talk to an Attorney?

As soon as possible. The window to file an appeal is short, and waiting too long could limit your options. If you believe something went wrong in your trial, the time to act is now. 

Learn more about the grounds for filing a criminal appeal in Virginia by speaking with our criminal defense team. We’re here to fight for justice and help ensure that no legal mistake goes unchallenged.

Contact Ashwell & Ashwell, PLLC, at (540) 991-9100 today to schedule your free consultation and pursue a favorable appeals decision.