An appeal is a legal process that allows a defendant unsatisfied with the outcome of a trial or plea agreement to petition a higher court to review a lower court’s verdict. The process also entails correcting any errors that may have influenced the case outcome. Virginia trial lawyers add that an appeal is neither a new trial nor an opportunity to present new evidence.
Instead, the proceedings during an appeal are based on the record of what happened in the lower court, including the exhibits admitted into evidence, transcripts of the trial, and motions filed by the defendant or plaintiff. Depending on the case specifics, you can file an appeal to challenge the conviction itself or the sentence handed to you by the lower court.
When filing an appeal, you must have valid grounds, or your case will be dismissed. Criminal appeals attorneys in Virginia say that the reasons for an appeal can vary, but the following are some common grounds:
You may not be eligible to file an appeal for a serious felony just because you were convicted. Virginia criminal appeals lawyers say that the right to appeal depends on whether you were convicted by a jury trial, bench trial, or by entering a plea agreement. You can challenge a conviction by a jury or bench trial in a circuit court that handles felonies.
You don’t need permission from anyone under these circumstances to file an appeal as long as you follow the proper procedures and file within the stipulated deadlines. If the conviction was after entering a plea agreement in exchange for reduced charges or sentencing recommendations, you lose the right to file an appeal.
Nonetheless, you can file an “appeal of leave” or “application for leave,” implying that you must obtain permission from the circuit court or the Court of Appeals. Filing an appeal without going through the courts will have your case dismissed. There is a significant difference between an appeal or right and an appeal of leave, so seek legal counsel to protect your rights.
Filing a claim of appeal can be complex, but working with experienced Virginia criminal appeals lawyers can make it easier. They can help you through the following steps:
In filing an appeal for a criminal case, the following documents are required:
You also must pay a filing fee as determined by the State. Your lawyers will review the documents for accuracy to minimize the chance of having your case dismissed.
Once you file the necessary documents, the court clerk will assign it a Court of Appeals docket number and notify you within a few days. The number is a 6-digit code that you will use when making other filings about the case. Your attorney can make a follow-up for this number on your behalf.
The court where you file your appeal will review your application within a few days after submission. In the initial review, the court will:
If the court has jurisdiction over your appeal, the next step is to focus on getting transcripts prepared and filed with the trial court clerk. The transcripts are usually ordered by the attorney representing the defendant. You and your legal team can start working on legal research and parts of the brief while awaiting the next step.
Your criminal appeals attorneys will present your arguments for appeal in documents called briefs, which are the most critical components of an appeal. The Court of Appeal’s decision will largely depend on the arguments outlined in the brief. Given the strict filing deadlines, your lawyers will work to ensure you work within the time limits.
After the briefing is done, it may be several months before oral arguments are scheduled, although they may not be available if you’re already incarcerated. If your lawyers are entitled to oral arguments, they will receive a notice by mail about the date, time, and venue.
After presentation or oral arguments, the court will give a written opinion that represents its judgment. The judgment is usually issued a few weeks after an oral argument or submission and will be mailed to you or your attorneys. If you disagree with the court’s decision, you can file a motion for reconsideration within 21 days.
Being convicted of a serious felony can expose you to severe legal consequences. Fortunately, the law allows you to appeal this decision to minimize the impact of the penalties. Seek the representation of experienced criminal appeals lawyers in Virginia to help you fight for a favorable outcome.
At Ashwell & Ashwell, we know how frustrating and draining it can be to be convicted of a crime. Our lawyers can evaluate your eligibility to file an appeal to have the conviction overruled to regain your freedom. Call us at (540) 991-9100 to schedule a FREE case assessment.
