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You’re unhappy with the outcome of your case? You’re not without remedy. There is a specific set of procedures and rules to guide individuals in this situation. An attorney familiar with appeals can provide you advice and guidance about whether your case is suitable for appeal.
In Virginia, you have the right to seek an appeal. An appeal is a request for a higher court to review and consider whether a particular issue in one’s case merits reversal.
While an individual has a right to seek an appeal, an individual is not entitled to an appeal on the merits without some error committed by the lower court.
If you receive an unfavorable outcome in your case, you must file a notice of appeal within the timeline proscribed by the Virginia Rules of the Supreme Court. Once your appeal is noted, a transcript or statement of facts must be quickly filed as well. An appellant must then timely file a petition for appeal. It is imperative to act quickly in the appeals process. Many times, cases are dismissed for failure to comply with the timelines set forth in the applicable rules. In criminal appeals, the Court of Appeals will review the petition for appeal and decide whether to reach the merits of the petition. Should the Court so decide, briefs and reply briefs will be filed, and oral arguments will likely be had. The Court may send the matter back to the trial court based on the error. If the Court declines to do so, or if you are unsatisfied with the outcome, you may likely appeal your case to the Supreme Court of Virginia. Again, the timelines for this process are strict and it is important to act quickly.
Contact us for a consultation regarding your appellate rights to receive an informed analysis of issues from your trial which may be grounds for appeal.
Schedule a consultation for more information about your specific situation.