Fredericksburg Appeals Lawyer

Virginia residents have the right to appeal court rulings in some criminal cases. There could be several valid legal reasons for appealing a court’s decision, such as prosecutorial misconduct or errors in the application of the law. However, the appeals process can be complex, and there are deadlines for filing a notice or petition of appeal.

If you believe you have grounds for filing an appeal, the best thing you can do is speak with a Fredericksburg appeals lawyer about your case. A knowledgeable attorney can make sure the notice of appeal, any legal briefs, and other required documents are completed correctly and filed on time.

Legal Grounds for Appealing Court Rulings

There can be various legal grounds for appealing a criminal court ruling in Fredericksburg, most commonly including:

  • Prosecutorial misconduct
  • Juror misconduct
  • The jury was given incorrect instructions
  • Ineffective legal assistance or representation
  • Improper admission or exclusion of evidence
  • Errors made in the application of the law
  • Errors made in sentencing

A petition to appeal can generally be filed if the outcome of a case would have likely been different had the allegedly improper conduct or procedure not occurred. A qualified attorney accustomed to handling appellate cases in Fredericksburg could determine if there is a legal justification for filing an appeal.

Fredericksburg Appellate Courts

Appeals of a criminal court’s decision may be heard by the Court of Appeals of Virginia or by the Supreme Court of Virginia. The Court of Appeals of Virginia reviews the decision of the circuit courts for criminal cases not involving the death penalty and domestic relations cases. It also reviews circuit court rulings for traffic infractions and a few other types of appeals.

Conversely, the Supreme Court of Virginia can review the decisions of both the circuit courts and the Court of Appeals of Virginia. The Supreme Court of Virginia also reviews criminal cases in which a sentence of death was imposed. Other areas of the Supreme Court of Virginia’s jurisdiction include cases involving any of the following:

  • Habeas corpus – determining if a detained person is being held in custody lawfully
  • Mandamus – mandating a public official to perform his or her public duty
  • Prohibition – ordering a public official to cease engaging in a forbidden activity
  • Actual innocence – determining a convicted individual’s innocence based on the results of biological testing

The appeals process differs based on whether an appeal is being made to the Court of Appeals of Virginia or the Supreme Court of Virginia. An appeals lawyer in Fredericksburg could explain the process for filing a notice of appeal with either court.

Contact a Fredericksburg Appeals Attorney Today

The idea of having a court ruling overturned on appeal may seem exciting, but the actual process of appealing the ruling of a lower court can be complicated. An attorney who understands appellate law could help ensure your notice of appeal is filed both correctly and on time.

If you wish to appeal a court ruling, it could be in your best interest to work with a Fredericksburg appeals lawyer. Make sure you have the best chance for a successful appeal and schedule your first consultation today.

Contact Us
Free Consultation