Criminal Appeals — Overview
Criminal Appeals in Virginia
A conviction at trial is not always the end of the road. Virginia law provides a right of appeal in criminal cases, allowing defendants to seek review of trial court decisions in higher courts. Appeals are distinct from trials: they focus on the legal record, not re-trying the facts, and must be pursued promptly within strict deadlines.
If you believe legal errors affected your trial or that your constitutional rights were violated, it is important to consult with an attorney as soon as possible after conviction or sentencing.
The Virginia Appellate Courts
Virginia’s appellate system has two levels above the trial courts:
Virginia Court of Appeals The Court of Appeals of Virginia has jurisdiction over most criminal appeals from the General District Courts and Circuit Courts, including misdemeanor convictions appealed from district court and felony convictions from circuit court. Appeals are typically reviewed by a panel of judges on the basis of the written record and briefs.
Supreme Court of Virginia The Supreme Court of Virginia is the court of last resort in the Commonwealth. Most appeals to the Supreme Court are discretionary (the Court may grant or deny a petition for appeal) and are generally reserved for significant legal questions or cases presenting substantial constitutional issues.
Grounds for Appeal
Criminal appeals are not automatic retrials. An appellate court reviews the record of the proceedings below for legal error, not to re-evaluate witness credibility or re-weigh evidence. Common grounds for appeal include:
- Errors of law: incorrect jury instructions, improper evidentiary rulings, or misapplication of Virginia statutes
- Constitutional violations: Fourth Amendment search and seizure issues, Fifth Amendment self-incrimination, Sixth Amendment right to counsel, and due process claims
- Sufficiency of the evidence: arguing that the evidence, viewed in the light most favorable to the Commonwealth, was insufficient to support a conviction as a matter of law
- Ineffective assistance of counsel: claims that prior counsel’s performance fell below constitutional standards and affected the outcome (typically raised through habeas corpus rather than direct appeal)
- Sentencing errors: challenges to the legality of a sentence imposed
The Appeals Process
The appellate process in Virginia involves several important steps and deadlines:
- Notice of Appeal: Must be filed promptly after sentencing; strict deadlines apply and missing them can forfeit appeal rights
- Petition for Appeal: A written argument explaining the legal grounds for appeal, supported by citations to the trial record and applicable law
- Briefing: Submission of written briefs by both parties
- Oral Argument: The Court may, but is not required to, grant oral argument
- Decision: The appellate court issues a written opinion affirming, reversing, or remanding the case
Deadlines are critical. Virginia’s appellate rules impose strict time limits. If you are considering an appeal, contact us as soon as possible after your conviction or sentencing.
Our Approach
We approach each potential appeal by carefully reviewing the trial record to identify preserved issues and assess the legal merit of available grounds. We provide an honest evaluation of what the record supports, explain the appellate process clearly, and prepare written arguments grounded in Virginia law and applicable precedent.
We appear in the Virginia Court of Appeals and have experience with Virginia’s appellate rules and procedures.
Important Notes
Appeals are not guaranteed to succeed. The appellate process has a high standard; courts affirm most convictions, and the outcome in any given case depends entirely on the specific record, the issues preserved at trial, and the applicable law. We do not promise specific results.
Most grounds for appeal must be preserved at trial. If an issue was not properly raised at trial, it generally cannot be raised for the first time on appeal. If you are currently in the trial phase of a case, speak with your attorney about preserving potential appellate issues.
The information on this page is for general informational purposes and does not constitute legal advice. Appellate procedures and deadlines are complex and fact-specific. Consult an attorney promptly if you are considering an appeal.