Virginia Beach Criminal Appeals Attorney

Knowledgeable Lawyer for Criminal Appeals in Virginia Beach

Once the judge gives a sentence in a criminal case, you might assume that there is nothing left to do. However, you may still have options. You have the right to request an appeal after a final judgment, which could result in a different outcome. For more information and legal help, get in contact with a Virginia Beach appeals attorney today.

At Castellano Law Firm PLLC, we understand how important appeals can be in protecting your rights. Attorney Vincent Castellano is a solo practitioner, which means he can sit down with you to discuss your case one-on-one and go over your avenues to file an appeal.

What Is an Appeal?

An appeal is a formal request for a higher court to review the outcome of a criminal case. It is not a new trial. The appellate court does not hear new testimony, call witnesses, or re-examine physical evidence. Instead, it reviews the record from the original proceeding to determine whether legal errors occurred that affected the outcome.

If the court finds that a significant error was made, it may reverse the conviction, reduce the penalties, or send the case back to the lower court for further proceedings.

It is important to understand that an appeal is not simply an opportunity to argue that the verdict was wrong. The appellate process is governed by specific legal standards, and the grounds for a successful appeal are more limited than many people expect. Having an attorney who understands those standards and can identify genuine issues in the record is essential to pursuing an appeal effectively.

What Are the Recognized Grounds for an Appeal in a Criminal Case?

Appeals in Virginia criminal cases must be based on legal errors that occurred during the trial or sentencing process. Disagreement with the jury's conclusion is not, on its own, a basis for appeal. Recognized grounds include situations where the trial court made an incorrect ruling on the admissibility of evidence, where the jury received improper instructions about the law, or where prosecutorial misconduct affected the fairness of the proceedings.

Ineffective assistance of counsel is another recognized ground. This applies when a defense attorney's performance fell below an accepted standard of competence and that deficiency affected the outcome of the case. Claims of ineffective assistance are evaluated carefully and require a showing that the result would likely have been different with adequate representation.

Constitutional violations can also support an appeal. A conviction obtained through an unlawful search, a coerced confession, or a denial of the right to confront witnesses may be subject to reversal depending on how the error affected the outcome. Newly discovered evidence, while addressed through a different procedural mechanism in some cases, can also provide a basis for post-conviction relief.

Important Deadlines to File a Criminal Appeal in Virginia

The timeline for filing a criminal appeal in Virginia is strict, and missing a deadline can forfeit the right to appeal entirely. In most Virginia criminal cases, a notice of appeal must be filed within 30 days of the final judgment or sentencing order. That window is short, particularly for someone who has just been through a trial and may still be processing the outcome.

Appeals from the circuit court go to the Court of Appeals of Virginia, and from there a further appeal to the Supreme Court of Virginia may be possible in certain circumstances. Federal habeas corpus petitions represent a separate avenue for challenging a conviction in federal court based on constitutional grounds, and those proceedings carry their own deadlines and procedural requirements.

Given how quickly these deadlines arrive, reaching out to an attorney as soon as possible after a conviction is important. Waiting too long can eliminate options that would otherwise be available.

Contact a Virginia Beach Criminal Appeal Lawyer

A conviction is not always the final word in a criminal case. Call 757-724-0073 or contact our Virginia Beach criminal appeal attorney today to schedule a free consultation with Castellano Law Firm PLLC.