During litigation, parties often anticipate a favorable ruling. Sometimes, though, things go wrong and in no way as hoped for. If this is your case, you can challenge the trial court’s judgment on appeal. An experienced appellate lawyer in Warrenton, VA, can help you file an appeal with the appropriate appellate court and work to get you a favorable outcome.
However, you can’t just file an appeal because you didn’t like the outcome of the case. For an appeal to be successful, there must have been some mistake or legal error with the prior proceedings. Although appeals are often denied, the appeal may be granted if it is determined that a certain error or a bad decision has affected your case.
Unlike the trial, no witnesses or evidence are presented in the appellate process. However, the parties will have to submit briefs for or against the appeal. In fact, the decision about the entire case will be based on the appellate brief and arguments made by your attorney.
Appeals can be very complicated. An experienced attorney must identify potential errors in the lower court case. Moreover, the attorney will have to make compelling arguments about why the appeals court should act.
Attorneys at Ashwell & Ashwell, PLLC, have a state-wide reputation in handling appeals in Virginia’s appellate courts as well as federal courts of appeal. We can help you!
When a party in a lawsuit disagrees with a lower court’s ruling, it may ask a higher court to review it in an appeal. State appeals may be filed with the Circuit Courts, Court of Appeals, or the Supreme Court of Virginia, depending on the case’s jurisdiction. These appellate courts review lower courts’ decisions in both criminal and civil litigation cases.
Appellate courts examine records from the lower court, such as transcripts and evidence, and decide if procedural or legal errors affected the lower court’s decision. If such errors are found, the appellate court can grant a retrial, resentencing, or, in rare cases, acquittal.
An appellate attorney in Warrenton from Ashwell & Ashwell, PLLC, will assist you in identifying possible grounds for appeal in your case and walk you through your options.
People may seek appellate advocacy when unhappy with the outcome of their case and wish to obtain a more favorable outcome. Appellate lawyers are experienced in navigating the legal process. A Virginia appeals attorney plays a crucial role in identifying legal issues and errors, reviewing the trial record, and formulating compelling arguments to present before the appellate court.
VA appeals are governed by Virginia law and local court rules. Depending on your case, you may need to file your appeal with:
Appeals are initiated by filing a notice of appeal within 30 days after the entry of the lower court’s judgment. Your attorney will file the trial court’s transcripts, petition for appeal, and appellant’s brief, among others, within their specified due dates.
After filing your appeal, an oral argument is scheduled unless you choose to waive it. The appellate judges will review your case based on the written documents and produce a ruling accordingly.
Different cases may have different appeal rules and guidelines. For example, either side can appeal the verdict in a civil case or family law matters. However, only the defendant may appeal a guilty verdict in a criminal case. The government cannot appeal if the defendant is found not guilty.
Virginia appeal lawyers represent you in your appeal case and apply their knowledge and experience to obtain a favorable outcome for you. Here’s what appeal attorneys do when they take on your case:
An unfavorable outcome alone is not enough to merit an appeal. Appeals must be based on procedural issues, errors of the law, or constitutional violations. Some common grounds for appeal include the following:
Attorneys at Ashwell & Ashwell, PLLC, have experience handling a wide range of cases in trial and appeal courts. We are familiar with the ins and outs of criminal and civil litigation and use our extensive experience and knowledge to analyze your case record and identify every legal error.
We will draft a convincing and thorough appellant brief and explain to the judges why your case deserves a positive decision. Appeals are almost always decided based on briefs and supporting documents, so presenting a well-drafted brief is crucial.
Are you dissatisfied with the outcome of your case and considering an appeal? You can rely on Ashwell & Ashwell, PLLC.
Our law firm has successfully represented clients in the Virginia Court of Appeals, Superior Court, and the U.S. Court of Appeals for the 4th Circuit Court. We have what it takes to identify errors that are strong grounds for appeal and craft compelling arguments to get you the long-awaited justice.
Our Warrenton appeal attorneys serve Fauquier Country and Northern Virginia down through the Piedmont Region. Contact us today for a consultation.
When the appellate court grants an appeal, it may remand the case to be retried in the trial court. The remand overrules the trial court’s decision or a part of it and gives instructions on how to fix the errors. In certain cases, the appellate may correct the sentencing without a retrial or acquit the appellant.
The Circuit Court and the Court of Appeals of Georgia have the authority to review decisions made by lower courts and certain state agencies. The Supreme Court of Virginia reviews decisions of the lower appellate courts.
How long an appeal can take varies from one case to the other and may depend on the case’s complexity and the court’s waiting times.
Sometimes, appeals can be resolved in a few months, but other cases can take a year or more.
Virginia Code states that an individual has to pay a filing fee of $50 for initiating any legal issue under the original jurisdiction of the court or for filing a Notice of Appeal. This amount has to be paid by money order or payable check to the Clerk of the Court of Appeals.
However, in civil cases, according to §8.01-676.1, an individual may also have to pay an appeal bond of $500 “or such sum as the trial court may require.”
