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Criminal Appeals

The Right Attorney Makes
All The Difference

Virginia Beach Criminal Appeal Attorney

Dedicated Legal Representation in Virginia Beach

At the Law Offices of Daniel J. Miller, we have years of experience with appeals of criminal convictions from the Virginia Beach Circuit Courts. We understand the criminal appeals process, and we are dedicated to providing our clients the best legal representation possible. Our team works diligently to ensure that your rights are respected and that your case is thoroughly reviewed.

Our team is here to guide you through the criminal appeals process with knowledge and compassion. We will take the time to understand your case, and we will be on your side every step of the way. Our goal is to make sure that the appellate courts hear your case and overturns any unjust rulings.

If you need a criminal appeal from the circuit courts in Virginia Beach and surrounding areas, contact our team online today for a free consultation! Our website is www.legaldefense.com.

The Criminal Appeal Process in Virginia

It is important to note that the criminal appeal process in Virginia has strict deadlines, some of which are fairly short, in order for your case to be considered. 

Notice of Appeal

Within 30 days of the conviction, the Defendant or his or her attorney must file a written no0ce of appeal with clerk of the circuit court. Our team is very familiar with this process; we can work quickly to get this done on time and get your appeal started.

Preparation of the Record

The clerk prepares a record of the trial, including all documents and transcripts related to the case. These are submitted by the Virginia Court of Appeals.

Briefs and Oral Arguments

The appellant (the person filing an appeal) files an opening brief. The appellee (usually the Commonwealth of Virginia) the files a brief responding to the appellant’s brief. The appellant has the option to respond to the appellee’s brief with a reply brief.

A brief is basically a written argument stating why the Court of Appeals should reverse the decisions of the trial court. Each side usually cites, in support of its argument, previous decisions of appellate courts of both state (not just Virginia) and federal courts that support their position. It is important to note that the Court of Appeals will only consider legal mistakes made by the trial court; it will not “second-guess” the trial court on the facts of a case.

Each appeal is assigned to a three-judge panel of judges from the Court of Appeals; upon their review of the briefs, the panel may decide if oral argument is necessary, or it may decide that oral argument would not be necessary. If oral argument is granted, the each side has an opportunity to present its argument to the panel.

Decision

After deliberating, the panel will issue a decision. Such a decision will affirm, that is, uphold, the original conviction. The panel may also overturn the conviction and dismiss the case, thereby setting the appellant free and basically finding him or her not guilty. The panel may also, if there were correctible mistakes or rights violations in the original trial, send the case back to the trial court for a new trial. In that case, the state may proceed as if the original trial never took place, and the trial starts over.

Further Appeals

If either party is not satisfied with the panel’s decision, that party may request a rehearing before the Court of Appeals or file an appeal from the decision to Virginia Supreme Court, which may or may not decide to grant an appeal. If there is an appeal to the Virginia Supreme Court, the procedure becomes a bit more complicated. There are new filing requirements and new deadlines.

Our Team

Our team has years of experience in preparing appellate briefs and compelling legal arguments for our clients. W3 use the specifics of your case to develop customized legal strategies and work closely with our clients to do so. We want to make sure you thoroughly understand your situation and will always let you know exactly what is happening with your appeal.

We are here to help increase your chances of success and will leverage our skills to build the strongest case possible for your appeal.

If you want help in having the appellate courts review an unjust, unfair ruling, we are here to help. We serve Virginia Beach and the Hampton Roads and will devote ourselves to help you preserve your freedom. For a free consultation, call our office now at (757) 267-4949 or reach out to us online at www.legadefense.com.




 


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