Helping Clients Appeal for a Favorable Outcome in Post-Conviction Remedies
Being convicted of a crime can be incredibly frustrating, especially if you are innocent or receive a punishment that is harsher than you deserve. The conviction can result in years in jail, hefty fines, and a criminal record that can affect you for the rest of your life. You may lose your job or even custody of your children if you are found guilty. However, there is still hope of getting a favorable result through post-conviction action in Virginia.
If your constitutional rights were violated during your trial, you could be eligible for appeal. One of the best things you can do if you are unsure how to proceed following your conviction is to speak with an experienced legal representative like those at Ashwell & Ashwell. Our skilled team of defense attorneys is prepared to help clients both before, during, and after their sentencing. We can develop a strategy to get you treated fairly and will work tirelessly to bring you the outcome you’re looking for based on new evidence or proof of mistakes during the trial. Call today for a free consultation at 540-386-1277.
Who Is Eligible for Appeal in Virginia?
Not everyone who is dissatisfied with a court ruling is eligible for appeal in Virginia. You must prove that the proceedings involved errors or violations of your constitutional rights. You may also be eligible for appeal if you have additional evidence that was not available during the original trial.
Some examples of reasons a person may file for appeal in Virginia include:
- Insufficient evidence
- Newly discovered evidence
- Due process violations
- Violations of constitutional rights, such as illegal search and seizure
- Incorrect jury instructions
- Misconduct by the prosecution
- Other mistakes during the judicial procedure
Depending on your case, you may need to file an appeal with one of several courts. Speaking with an attorney is one of the best ways to determine whether seeking an appeal is appropriate and to get your appeal filed with the correct entity. Contact our legal team right away to discuss your unique case with our dedicated defense team.
What Is the Appeals Process?
An appeal occurs when someone is dissatisfied with their ruling based on specific court or legal errors. When you file an appeal, you are asking a higher court to review the proceedings and make any necessary corrections. This can result in a lower sentence or even having the charges dropped altogether. While we can’t guarantee the exact outcome of your case, our appeal lawyers will work tirelessly to get you the most favorable results possible.
Some of the basic steps of the appeal process in Virginia are:
- Filing a notice of appeal within 30 days of the original judgment; hiring a lawyer is crucial for filing an appeal that cites the necessary statutes to get your case approved.
- Filing an opening brief
- Attending the oral argument before appellate judges unless you choose to waive this step
- Having your written submission reviewed by the judges and waiting for a decision
- Petitioning the Supreme Court of Virginia if your appeal request is denied
- Petitioning for a writ of habeas corpus based on constitutional violations if attempts at appeal are not successful
Understanding your rights and preparing effective arguments when seeking an appeal in Virginia is critical. Our team of criminal appeal attorneys has been through this process countless times and will serve as excellent allies as you seek a positive outcome in your case.
How Can Hiring a Lawyer Improve My Chances of a Successful Appeal?
Hiring a criminal defense lawyer is vital when seeking an appeal in the Virginia legal system. Your lawyer should have extensive experience dealing with Virginia courts and criminal law. They can apply this knowledge when preparing your case for appeal and fighting to defend your rights.
Some other duties an appeal lawyer can fulfill include:
- Reviewing your case and investigating to uncover details about what happened
- Studying your court proceedings to determine whether mistakes were made during the legal process
- Accessing evidence such as police reports, trial transcripts, presented evidence, witness accounts, and more
- Identifying grounds for appeal, such as ways your rights were violated or mistakes that were made that affected your sentencing
- Preparing your petition when filing for an appeal
- Submitting the proper documentation to the right institutions to get your case reviewed and accepted quickly
- Exploring other legal options if your appeal case is denied
- Assisting you as you navigate the complex Virginia appeal system
Should You Hire Our Criminal Appeals Attorneys?
It can be infuriating and frightening when you have received a conviction due to trial error, insufficient evidence, or violations of your constitutional rights. You deserve excellent legal counsel and representation to get your charges lowered or dismissed. Don’t make the mistake of thinking that once you’ve been convicted, there is no hope for changing the sentencing. Our aggressive, skilled attorneys have a great depth of knowledge of Virginia law and the court system, giving us an edge over inexperienced criminal defense attorneys.
At Ashwell & Ashwell, we have decades of combined experience helping clients throughout the legal process. We understand how difficult this can be for individuals and their families, and we will serve as guides to help you navigate each procedure smoothly and as quickly as possible. We promise to leverage our skills, knowledge, honesty, and dedication to get you the best results possible.
We have an excellent track record of proven success and are dedicated to treating each client as a respected individual with unique needs. We will answer your questions thoroughly and without using confusing legal terms so you will know what to expect at each point in the process. We can identify grounds for appeal quickly and help you overcome any obstacles that may arise as you seek a favorable ruling. Reach out to us at 540-386-1277 right away to schedule a free consultation with our caring, capable legal team.
