What You're Facing

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If you've been convicted of a crime in Virginia, an appeal is the typically the only path to a potential reversal. But appeals are fundamentally different from trials. You're not re-trying your case or presenting new evidence. You're arguing that the trial court made legal errors serious enough to require reversal.

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Virginia's appellate process is complex and unforgiving. Strict deadlines govern every stage. Issues that weren't properly preserved at trial are typically waived forever. Appellate briefs require technical legal writing that's nothing like trial advocacy. And appellate courts are far less forgiving of procedural mistakes than trial courts.

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Most criminal convictions in Virginia start with an appeal to the Court of Appeals of Virginia. From there, certain cases can proceed to the Supreme Court of Virginia. At both levels, you're not guaranteed oral argument, the court decides based primarily on written briefs. The statistics are sobering. Most appeals are denied. But that doesn't mean appeals are hopeless, it means you need attorneys who know how to identify the best appellate issues, preserve them properly, and argue them persuasively.

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Why Appeals Are Different

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Appellate work requires a completely different skill set than trial work. Trial attorneys are advocates who present evidence, cross-examine witnesses, and argue to juries. Appellate attorneys are legal writers who comb through transcripts, identify errors, research case law, and craft written arguments. The standard of review matters enormously. Sufficiency of the evidence challenges face the toughest standard, the appellate court views all evidence "in the light most favorable to the Commonwealth" and asks whether "any rational fact finder" could have convicted. Experienced appellate counsel knows how to frame sufficiency arguments to escape that dreaded standard whenever possible. Other issues, like improper jury instructions or constitutional violations, receive la far less deferential review, but only if properly preserved.

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Preservation is everything. If your trial attorney didn't object to an error at trial, you've likely waived that issue on appeal. There are narrow exceptions for the "ends of justice", but those are rarely successful. This is why working with appellate counsel during trial, or at least consulting with appellate counsel before trial, can make the difference between having viable appellate issues and having none.

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Common Appeals Issues

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There are too many possible appellate issues to cover all of them here. That being said, some of the more common appellate issues include:

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• Voir dire errors: Improper seating of jurors

• Jury instruction errors: Incorrect or misleading instructions to the jury

• Statutory interpretation: How criminal statutes should be applied

• Fourth Amendment issues: Illegal searches and seizures

• Fifth Amendment issues: Miranda violations, self-incrimination

• Confrontation Clause violations: Improper admission of testimonial hearsay

• Evidentiary rulings: Improper admission or exclusion of evidence

• Sufficiency of the evidence: Whether evidence was adequate to support conviction

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Why Appellate Experience Matters

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We've handled nearly every type of criminal appeal. We've argued cases involving murder, rape, robbery, drug distribution, weapons offenses, and virtually every other criminal charge. We've argued before the Virginia Court of Appeals and the Supreme Court of Virginia.

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What sets us apart is our dual experience as both trial attorneys and appellate advocates. We understand how to spot appellate issues during trial and ensure they're properly preserved. We know which issues are worth pursuing and which are unlikely to succeed. We know how to craft briefs that are technically sound while still telling a compelling story about why the conviction should be reversed.

Appellate work is detail-oriented. We meticulously review every line of the trial transcript, every exhibit, every motion, and every ruling to identify the strongest possible issues. We research the relevant case law exhaustively. We write briefs that are clear, persuasive, and technically precise. Criminal appeals aren't just part of our practice, they're a major focus. We understand what's at stake, and we know how to fight for the best possible outcome on appeal.

 

Facing An Appeal  in Virginia Beach or Hampton Roads?

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If you've been convicted and believe errors occurred at trial, time is critical. Virginia has strict deadlines for filing notices of appeal and appellate briefs. Call us at 757-961-3311 or fill out the online form below for a free, confidential consultation. We'll review your case, identify potential appellate issues, and give you an honest assessment of your chances on appeal. Everything you tell us is protected by attorney-client privilege.