How Do You Appeal a Criminal Conviction in Virginia?

 Posted on June 30, 2025 in Criminal Defense

Being convicted of a crime is devastating, but in Virginia, a conviction does not necessarily have to be the end of the road. If you believe an error occurred during your trial you may have the right to appeal the decision. The appeals process requires careful attention to deadlines and procedures and if you hope to appeal, you will benefit immensely from the assistance of the experienced Falls Church, VA criminal defense attorneys at Salvado Law Offices.

Understanding What an Appeal Is and Is Not

Not every unfavorable outcome justifies an appeal. Virginia courts will consider appeals based on legal errors that occurred during your trial, such as improper jury instructions, incorrectly admitted or excluded evidence, prosecutorial misconduct, or ineffective assistance of counsel. The appeals court will not simply reconsider the facts of your case because you disagree with the verdict. Instead, they focus on whether legal mistakes affected the fairness of your trial.

The Record on Appeal

Your attorney will prepare what is known as the "record on appeal," which is a set of documents describing your case that includes transcripts of the trial, exhibits, motions, and other key documents. This record is submitted to the appellate court for review.

Briefs and Oral Argument

Once the appeal is accepted, both sides submit written briefs outlining their legal arguments. The appealing party (called the appellant) explains how the trial court made an error, while the government (the appellee) argues why the conviction should be upheld. Sometimes, the court allows for oral argument, where attorneys present their case in person and answer judges’ questions.

Possible Outcomes of an Appeal 

After reviewing the case, the appellate court may either affirm the conviction (meaning the appeal is denied), reverse it (if a significant legal error is found), or remand the case (send it back to the lower court for a new trial or further proceedings).

How Can You Appeal a Virginia Criminal Conviction?

Appeals in Virginia are time-sensitive. If you were convicted in General District Court or Juvenile and Domestic Relations Court, you have an automatic right to appeal to Circuit Court for a completely new trial. For felony convictions in Circuit Court, the appeal process is more complex. You must file an appeal to the Virginia Court of Appeals, which will review the legal aspects of your case rather than re-trying the facts.

For appeals from General District Court or Juvenile Court, you typically have 10 days from the date of conviction to file your notice of appeal. For Circuit Court felony convictions, you have 30 days to file your notice of appeal to the Court of Appeals. Missing this deadline can result in losing your right to appeal entirely.

Call a Falls Church, VA Criminal Defense Lawyer

Appeals are complex and highly technical. Having experienced Frederick, VA criminal appellate attorney representation is essential to making your case on appeal. At Salvado Law Offices our criminal defense attorneys navigate strict deadlines, prepare persuasive legal briefs, and present compelling arguments on appeal. Call the law firm for a complimentary consultation at 301-933-1814.