What Happens if Your Criminal Appeal Is Denied?

 Posted on August 14, 2026 in Criminal Defense

If your criminal appeal is denied, you generally have a limited number of remaining options. These include requesting a rehearing, appealing to a higher court, or in some cases, pursuing post-conviction relief through a separate legal process. A denied appeal can feel like the end of the road. It's often not the final chance to challenge your conviction or sentence, though.

If you're facing this situation in 2026, our Merrifield, VA criminal defense lawyers can help you understand what options remain. At Salvado Law Offices, we're fully prepared and committed to take on your case with diligence.

What Does It Mean When a Criminal Appeal Is Denied?

Under Virginia Code Section 17.1-406, a person convicted of a crime in circuit court generally has the right to appeal the final judgment of conviction to the Virginia Court of Appeals.

An appeal is not a new trial. The appellate court reviews the trial court record and the legal arguments raised on appeal. It may consider whether the trial court made a legal error and whether any error affected the outcome of the case. If the appeal is unsuccessful, the original judgment generally remains in effect.

Why Do Appeals Focus on Legal Errors Rather Than Guilt or Innocence?

Appellate courts generally don't retry facts or reweigh evidence the way a jury did during the original trial. Instead, they look for specific legal mistakes. This can include improperly admitted evidence, incorrect jury instructions, or constitutional violations that may have affected the fairness of the trial. This narrow focus is why some people are surprised that a strong factual argument alone isn't always enough to succeed on appeal.

Can You Request a Rehearing After a Denied Appeal?

In many cases, you can request a rehearing. This asks the same appellate court to reconsider its decision. This request is typically based on an argument that the court overlooked something important or made a significant error in its ruling. You must generally file this request within a specific timeframe after the original denial. Acting quickly is important if you believe this option applies to your situation.

Can You Appeal to a Higher Court After a Denial?

If the Virginia Court of Appeals rules against you, you may be able to petition the Supreme Court of Virginia for an appeal. However, the Supreme Court does not have to accept the case. Review is discretionary, and some Court of Appeals decisions are final under Virginia law.

A petition must explain why the Supreme Court should review the lower court's decision. Simply disagreeing with the result is not enough. An attorney can review the decision and determine whether further review is available and whether there are strong legal grounds for a petition.

What Makes a Case Worthy of Further Review?

Higher courts often look for cases involving unresolved legal questions, conflicting rulings from different courts, or issues of significant public importance beyond just the individual case. A case that simply repeats arguments already rejected at the appellate level is less likely to be accepted for further review. Courts prefer cases that raise a truly new or important legal issue instead.

What Is Post-Conviction Relief and How Does It Differ From an Appeal?

Post-conviction relief is separate from a direct appeal. One common form of post-conviction relief in Virginia is a petition for a writ of habeas corpus. It can be used to raise certain constitutional claims. This includes claims that a defense attorney didn't do their job well enough.

Other challenges may require different legal procedures depending on the issue involved. For example, newly discovered evidence does not automatically become part of a habeas petition. Because different claims have different rules and deadlines, an attorney can determine which type of post-conviction relief may apply, if any.

What Evidence Might Support a Post-Conviction Relief Petition?

Building a strong post-conviction relief case often depends on specific types of evidence or legal arguments not previously presented. Helpful grounds can include:

• Evidence that your defense attorney provided ineffective representation
• Proof that the prosecution withheld evidence that should have been disclosed
• Evidence of juror misconduct that wasn't known during the original trial
• Constitutional violations that weren't properly raised on direct appeal

Each of these grounds requires specific legal standards to be met. This is why working with an attorney experienced in post-conviction relief is essential to evaluating whether your situation qualifies.

Contact Our Tysons, VA Criminal Defense Attorneys Today

Facing a denied appeal is disheartening. But it doesn't necessarily mean your options have run out. Our attorneys work diligently to explore every remaining avenue available to protect your rights and pursue the best possible outcome for your case. Contact Salvado Law Offices at 703-379-9446 to talk to our Merrifield criminal defense lawyers today.

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