What Is an Appeal?
When you are convicted of a crime and sentencing is handed down, it could feel like you’re out of options. However, it is not the end of the line. Enter appeals.
An appeal is the process of formally requesting a change to a court decision to either the Circuit Court or the Court of Appeals. However, this is not retrying the same case and instead, it acts as an opportunity for the defendant to prove that specific errors or injustices were made during the original trial. If successful, an appeal can reverse a conviction, alter the sentence, or lead to a new trial. There are very narrow parameters for filing an appeal—often requiring clear procedural mistakes, misconduct, or a violation of your rights.
Examples of potentially satisfactory grounds for appeal include:
A factual error was made by the court
The judge made a mistake about the law
Incorrect instructions were given to the jury
Errors were committed in evidence handling, or evidence was excluded at trial
Jury misconduct
It is important to note that one or more of these examples needed to cause direct harm to you as the defendant, either in leading to a wrongful conviction or overly harsh sentencing. An experienced appellate attorney can help you understand whether your unique situation has grounds for appeal.
Is There a Time Limit to File an Appeal in Virginia?
Yes. There is a narrow window where appeals are accepted in Virginia. Deadlines will vary depending on which type of court you are attempting to appeal:
To appeal a misdemeanor conviction from a General District Court you have 10 days from the date of conviction to file an appeal.
To appeal a conviction handed down by a Juvenile and Domestic Relations Court you have 10 days from the date of conviction to appeal your case.
To appeal a conviction in the Circuit Court you have 30 days from the date of conviction to note an appeal.
Appeal Statistics
In 2015, the U.S. Department of Justice released a Criminal Appeals in State Courts Bulletin. Within it, the National Center for State Courts reviews the 69,348 criminal appeal cases submitted in 2010. Of those cases, 37% were not reviewed at all. This is due to merit issues such as untimely filing or the appeal not alleging any reviewable errors. Conversely, of the 69,348 cases, only 8,226 cases resulted in a reversal, modification, or remand of a conviction—which is only 12% of total submissions.
While these statistics can feel disheartening, having a clear idea of the legal grounds needed to file and the time-sensitive nature of filing can be the first step toward a successful process.
Choose a Lawyer Experienced in Appellate Work
An appeal is a complex and often time-consuming process, especially so if you are trying to navigate it on your own or with a lawyer that does not have experience in appellate work. At Andrew J. Cornick, Attorney at Law, our Fredericksburg firm is aware of the time- and legal-constraints associated with appealing criminal charges, and our attorney will meet with you for a free case evaluation in order to understand the specifics of your case. Andrew gives his honest opinion about your options as well as your chances for a successful appeal, so you have all the information needed to make the most informed decision about your future.
To schedule a free consultation with Andrew J. Cornick, call our firm at (540) 386-0204 or fill out our online contact form today.