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Loudoun County Appeals Lawyer

Even when your recent trial had an undesired outcome, that does not necessarily indicate there is no hope of achieving a favorable resolution. If you can prove that a procedural error or misapplication of the law led to you being convicted when you otherwise would not have been, you could go through the criminal appeals process to obtain a different result.

However, successfully appealing a criminal case is a highly complex process with no guarantee of success, even if you have a solid claim. Because of this, getting assistance from a seasoned defense attorney can be vital. No matter what grounds or type of case you are appealing, the assistance of a qualified Loudoun County appeals lawyer could make all the difference in enforcing your right to a fair trial.

When Can Someone Appeal a Criminal Case?

The system for appealing criminal cases in Virginia is not designed to relitigate the conclusion of a judge or jury. Similarly, individuals cannot appeal a verdict against them just because they disagree with it personally.

There must be significant evidence that a miscarriage of justice occurred for an appeal to proceed, generally establishing that one of the following occurred:

  • The defendant had extremely ineffective counsel during their trial
  • The jury received inappropriate or incorrect instructions or otherwise engaged in misconduct
  • The judge misinterpreted or misapplied established state law
  • Relevant evidence was inappropriately allowed or suppressed
  • The court made an obvious error in establishing or interpreting facts
  • The sentence passed down upon conviction was too harsh based on established state law

Additionally, a person filing an appeal must be able to prove the error or omission they are appealing was material to their case—that is, it significantly impacted the outcome. A Loudoun County appeals attorney could review case information during a consultation and offer guidance on whether an appeal is advisable.

The Appellate Process in Loudoun County

Most criminal appeals in Virginia are filed with the state Court of Appeals, generally following a conviction in Circuit Court. If a case concerning a minor misdemeanor or traffic offense is heard in General District Court without the defendant getting a jury trial, they may appeal an unsatisfactory outcome to the Circuit Court.

They can then receive a full trial through what is known as a “de novo” appeal. Following this, the defendant may appeal any further issues with that second trial to the Court of Appeals.

If an appellant is not facing incarceration through their case, the Court of Appeals is the only level of the appellate process they can go through, and the ruling on their case will be final. When incarceration is possible, individuals can continue the appeal to the state Supreme Court. A lawyer in Loudoun County could provide guidance on how an appeal works and how best to prepare for each stage of the proceedings.

Learn More from a Loudoun County Appeals Attorney Today

Filing an appeal after an unsatisfactory criminal verdict can be key to preserving your future prospects. However, it is also challenging to succeed with an appeal alone, no matter how much work you put into building your case.

Retaining a knowledgeable Loudoun County appeals lawyer should be your priority when exploring whether this route would suit your situation. Call today to schedule a private consultation with Karin Riley Porter, Attorney at Law.

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