Navigating the aftermath of a criminal conviction can feel overwhelming, especially when considering an appeal. Understanding Virginia’s criminal appeals process is crucial, and Elizabeth Tuomey, with her extensive experience as both a prosecutor and criminal defense lawyer for nearly 25 years, provides compassionate and knowledgeable guidance every step of the way.
What Is a Criminal Appeal?
An appeal is a request made to a higher court to review and possibly reverse a decision made by a lower court. In criminal cases, appeals typically challenge procedural mistakes, evidentiary issues, or errors of law that occurred during the original trial.
Steps in the Virginia Criminal Appeals Process
Virginia’s appeals process involves several key steps:
- Filing a Notice of Appeal: This must be done promptly after sentencing. For misdemeanor cases, it typically must be filed within 10 days, and for felony cases, within 30 days.
- Preparing the Record: A thorough review of trial transcripts and court documents is essential. Elizabeth carefully analyzes these records to identify any potential errors that could support an appeal.
- Briefing and Arguments: An appellate brief detailing the errors and legal arguments is submitted to the appellate court. Occasionally, oral arguments may also be presented.
- Appellate Court Decision: The appeals court reviews all submitted materials and issues a written decision, either upholding the original verdict, reversing it, or sometimes ordering a new trial.
Grounds for Appeal in Virginia
Common reasons for filing an appeal include:
- Legal Errors: Incorrect application of law during the trial.
- Procedural Errors: Issues such as improper jury instructions or wrongful exclusion of evidence.
- Constitutional Violations: Violations of rights, such as unlawful searches or ineffective assistance of counsel.
How Elizabeth Tuomey Can Help
Elizabeth’s dual experience as a former prosecutor and current defense lawyer provides her with unique insights into potential appellate issues. She understands how to effectively frame arguments, highlight procedural missteps, and vigorously advocate for your rights.
Compassionate, Personalized Legal Support
Elizabeth Tuomey recognizes the emotional and practical challenges clients face during appeals. She prioritizes clear communication, compassionate support, and thorough preparation to achieve the best possible outcome.
Contact Elizabeth Tuomey for Appeals Representation
If you’re considering an appeal in Virginia, having skilled and experienced representation is vital. Elizabeth Tuomey at Tuomey Law Firm, PLLC is committed to guiding you through each step of the appeals process with expertise and care.
Call 571-565-5440 or visit tuomeylawfirm.com to schedule a consultation and explore your options for appeal.
