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.
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.
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Read Our Client Testimonials
At The Law Offices of Daniel J. Miller, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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- B. Baby
Call Dan Miller now - you need look no further for the best divorce attorney in Hampton Roads. Divorce is not an easy situation but it is even worse if you do not have good representation.
I was in the midst of a divorce and my case was with a firm that was not representing me fairly and not answering my questions. I was at a loss and dreaded going to court. Then a friend told me of Dan Miller. I wish I had found this firm in the beginning! From the first hour of turning my case over to this office I stopped worrying. I knew I had made the right choice and my case was in good hands. Dan Miller was professional, and he fought for me and I was very happy with the way he handled my case. I would highly recommend him to anyone!
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Mr. Miller is phenomenal. You can sense that he genuinely care about your case. He realizes how much a case can impact a person for the rest of their lives and will try to do anything from his knowledge, experience, and will power to help you get the best results. Words can not describe how I am so pleased to have gone through with my case with Mr. Miller. I will never forget him and I will recommend anyone to him.- Client
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Mr. James Weaver and his team are true professionals. From the start, he was honest and straightforward. He always stayed positive with me and kept me calm when I thought everything was going horrible. Mr. Weaver got me the best outcome possible in my situation. I highly recommend him to anyone looking for a great lawyer.- S. Bohrer
I hired Mr. Weaver for my family law issues. -
- M. War
Unfortunately I have had to use The most professional courteous reliable and hard working Law Offices of Daniel J Miller. Upon the arrival at the start of my case to the departure at the end of my case, Mr. Miller and Mr. Weaver from the start of consultation knew what I was up against and delivered more than I expected from any lawyer in Virginia to do for me. I had an on going custody battle and now have my son full time and out of harm's way. I am extremely pleased with the services I was provided. I HIGHLY recommend this firm if you want the best possible outcome for your case.
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I hired Mr. Miller initially for a bond hearing . I decided to retain his services for the case itself . I was facing two felony charges as well as a failure to appear charge . While there were witnesses that were able to identify me, I walked out of Virginia Beach Courthouse with only a misdemeanor thanks to Mr. Miller's representation . I work in the healthcare profession and expressed to Mr. Miller the importance of avoiding a felony charge and he made it happen. I am forever grateful and will highly recommend him . Mr. Miller will always represent myself as well as family members if need be in the future . Again thank you Mr. Miller for using your knowledge to keep me from being a convicted felon and also saving my career.- C. Dickens
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