Aggressive Criminal & Traffic Attorney

Criminal Appeals

Criminal Appeals

 

Criminal Appeal Attorney

Virginia criminal appeals system is designed to give a second chance to convicted criminals. Virginia’s criminal appellate courts review other courts’ decisions to overturn convictions or improper sentences. Appealing a conviction to the trial court, the Virginia Court of Appeals, the Virginia Supreme Court, the Federal Circuit Court of Appeals or the United States Supreme Court gives a person a second chance to prove innocence of the criminal charge.

A criminal appeal may stem from an error in your original case, such as suppressed evidence, a mistake by the prosecution or a questionable decision by the judge. Appeals may also be triggered by a violation of your constitutional rights, including:

Sometimes innocent people are convicted of crimes they did not commit. Even when the judge, jury and prosecution are trying to uphold justice, mistakes happen. If you have been wrongfully convicted, you may be able to pursue an appeal to clear your name.

No matter how strong your case is, the best way to pursue a favorable result is to work with a lawyer experienced in appeals. I have helped many wrongly convicted people mount successful appeals and return their lives to normal.


 

Appealing a Misdemeanor

One of the most common appeals in the Commonwealth of Virginia is the Misdemeanor Appeal.  A good number of Misdemeanor convictions are Appealed to the Circuit Court where the Defendant has a second chance.  While newspapers and media companies only seem to focus on Felony Appeals, a Misdemeanor is the most common appeal.  Most people never even know they have a right to appeal or what to do to access that right.

If you need an attorney to help you with your Misdemeanor Appeal or Felony Appeal, call us today to find out how we can help you!

 


Criminal Appeal Lawyer

The Process of a Criminal Appeal

The duration of a Virginia appeal really depends on the case. It can be as short as a few months. There’s a 30-day deadline to petition for appeal from a Circuit Court judgment to the Virginia Court of Appeals. In criminal cases, there is no right to an appeal from the Circuit Court, and the majority of the petitions to the Virginia Court of Appeals are rejected. Therefore, a lot of appeals are completed within that short period of time.

However, whether an appeal will be taken depends mostly on its merits, as presented to the appellate court by the appellate attorney in written form. Obviously, if there is a stronger argument for the appeal, it is more likely to be taken. If it is, it will take more time.

In some cases, such as death penalty cases and class action lawsuits, the appellate process can continue for decades, but most criminal appeals in Virginia are completed within one year.


Virginia Appellate Courts

 

The Commonwealth of Virginia has two appellate courts: the Supreme Court of Virginia and the Court of Appeals of Virginia. Both courts are error-correcting courts. The Supreme Court is the highest court in Virginia. It is composed of seven Justices, but also has as many as five Senior Justices who may sit when an active Justice cannot. The Supreme Court hears merits arguments in Richmond for multiple day sessions beginning in September, returning approximately every seven weeks until the end of June. Many civil cases decided in Virginia’s trial courts are appealed directly to the Supreme Court. An aggrieved party must file a petition for appeal asking the Court to consider the case. The Supreme Court has discretion to grant or refuse the petition.

The Court of Appeals was established in 1985. It has eleven judges who sit in panels of three in various regions of the State—most usually, Alexandria, Chesapeake, Richmond, and Salem. The Court of Appeals is Virginia’s appellate court of last resort in domestic relations matters, administrative agency decisions, and final decisions of the Virginia Workers’ Compensation Commission. Civil appeals may be taken from the Court of Appeals to the Supreme Court of Virginia in extraordinary cases. For an appellate court to entertain an appeal, the alleged error must be preserved in the trial court or agency from which the appeal arises. If objections were not timely made, if proffers of evidence were not made, or if the trial court or agency did not get a chance to rule on the matter, then the appeal may be barred. An appellant must show where in the record below the issue was preserved. Additionally, Virginia’s appellate courts value brevity and clarity–arguments should be made directly and succinctly, without flourish or fanfare.


When Exactly Does The Appellate Process Begin?

While some may view it as the filing of the notice of appeal, the groundwork for an appeal occurs while the case is in the trial court. This is so because Virginia appellate courts, like any appellate court, will not consider an argument for the first time on appeal. The first step in the appellate process, then, is not the filing of the notice of appeal, but preserving the issue in the trial court.

 


 

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Robert L. Lichtenstein, Esquire

222 North Main Street, Suite 300
Post Office Box 1447
Hopewell, VA 23860
(804) 452-5424

 

My Future

Thank you so much for your assistance with this matter. Most importantly thank you for caring about my future. Without your representation I woul dnever have received such a favorable result.  Your representation was excellent.

E. Daugherty

5.0
2015-08-05T14:15:55+00:00

E. Daugherty

Thank you so much for your assistance with this matter. Most importantly thank you for caring about my future. Without your representation I woul dnever have received such a favorable result.  Your representation was excellent.

Very Professional

Mr. Lichtenstein is very professional with his client, he keeps contact with you and best of all he WINS your case! If I ever need him again (Praying I wont) I will call on him, and recommend him to others!

S. Trexler

5.0
2015-07-15T17:21:09+00:00

S. Trexler

Mr. Lichtenstein is very professional with his client, he keeps contact with you and best of all he WINS your case! If I ever need him again (Praying I wont) I will call on him, and recommend him to others!

Great Job!

W. Crusan

5.0
2016-07-08T10:49:45+00:00

W. Crusan

Vindication

I was ticketed for an accident that I didn't even cause. My insurance company paid for the other vehicle, but I was given a ticket to appear in court. I had never been in trouble before, and I was extremely nervous.  Robert appeared in court with me and I was finally able to get vindication, as the accident was not my fault. Thank you so much.

S. Pegram

5.0
2015-07-15T17:24:32+00:00

S. Pegram

I was ticketed for an accident that I didn't even cause.

Thanks.

C. Smith

5.0
2016-07-08T10:48:31+00:00

C. Smith

5 Stars!

M. Jennings

5.0
2016-07-08T10:46:24+00:00

M. Jennings

Kept My CDL

As a truck driver with a CDL, I chose Robert LIchtenstein because he valued my CDL as much as I did. He went to bat for me and not only did he exceed my expectations, but he gained a client for life. Thank you so much!

A. Gilliam

5.0
2015-07-15T17:13:08+00:00

A. Gilliam

As a truck driver with a CDL, I chose Robert LIchtenstein because he valued my CDL as much as I did. He went to bat for me and not only did he exceed my expectations, but he gained a client for life. Thank you so much!

Thanks

Thanks for freeing my dad!!!

- Chelsea

5.0
2016-07-12T09:55:11+00:00

- Chelsea

Thanks for freeing my dad!!!

My Attorney for Life

I have a lead foot and I found myself with a ticket and facing unknown fines and costs. Robert went to court with me and saved me money and headaches... Thank you Lich

C. Pegram

5.0
2015-07-15T17:17:27+00:00

C. Pegram

I have a lead foot and I found myself with a ticket and facing unknown fines and costs. Robert went to court with me and saved me money and headaches... Thank you Lich

Couldn’t Be Happier

Living in New Hampshire I was nervous about finding an attorney in Virginia. I attempted to contact several attorneys before talking to Chris in this office. He took time with me and reminded me of my grandson. After speaking with this office, my nervousness and fears were diminished and Robert got my traffic matter handled without my appearance. I am very appreciative. When you call ask for Chris, he was great with me. Blessings to your firm from New Hampshire.

W. Royster

5.0
2015-07-15T17:11:44+00:00

W. Royster

Living in New Hampshire I was nervous about finding an attorney in Virginia. I attempted to contact several attorneys before talking to Chris in this office. He took time with me and reminded me of my grandson. After speaking with this office, my nervousness and fears were diminished and Robert got my traffic matter handled without my appearance. I am very appreciative. When you call ask for Chris, he was great with me. Blessings to your firm from New Hampshire.

Thank you so much!

We really appreciate everything that you did for our child.  We couldn't have asked for anything more.

C. Daughtery

5.0
2015-08-04T13:37:53+00:00

C. Daughtery

We really appreciate everything that you did for our child.  We couldn't have asked for anything more.

Best Lawyer

Thanks a lot for all you have done. I really appreciated it all. Y'all are the best.

T. Kruger

5.0
2016-07-12T09:54:16+00:00

T. Kruger

Thanks a lot for all you have done. I really appreciated it all. Y'all are the best.

The Best!

I had enough to worry about before my military deployment and thank you so much for getting my ticket taken care of without my appearance. I was worried that I was going to have to drive up from NC, but you took care of it without my appearance and helped alleviate some of my worries. If I need anyone in the future, I know where to go.

G. Rodriguez

5.0
2015-07-15T17:14:07+00:00

G. Rodriguez

I had enough to worry about before my military deployment and thank you so much for getting my ticket taken care of without my appearance. I was worried that I was going to have to drive up from NC, but you took care of it without my appearance and helped alleviate some of my worries. If I need anyone in the future, I know where to go.

Great Result!

"Great Result and all I had to do was get you a copy of my driving record! Thank you."

T. Barncroft

5.0
2015-07-15T17:07:54+00:00

T. Barncroft

"Great Result and all I had to do was get you a copy of my driving record! Thank you."

Awesome Customer Service

Awesome customer service... I live out of state and this office treated me like family. They were up front , honest and helped me understand the situation with my tickets and spoke on my behalf when contacting the courthouse. I was trying to deal with things last minute and could've been taken advantage of due to not understanding VA law or court process yet I was given honest council and advice .

R. Clark

5.0
2016-07-05T13:24:28+00:00

R. Clark

Awesome customer service... I live out of state and this office treated me like family. They were up front , honest and helped me understand the situation with my tickets and spoke on my behalf when contacting the courthouse. I was trying to deal with things last minute and could've been taken advantage of due to not understanding VA law or court process yet I was given honest council and advice .

Wonderful Experience

You guys were great! Not only did you get my ticket taken care of wonderfully, you treated me like a life long friend and not just a client or a number. Thank you again!

C. Scroggins

5.0
2015-07-15T17:15:09+00:00

C. Scroggins

You guys were great! Not only did you get my ticket taken care of wonderfully, you treated me like a life long friend and not just a client or a number. Thank you again!

Great Lawyer

Robert is a great lawyer. He listens and more importantly understands your unique situation which enables him to provide the best legal assistance for your particular need. Thanks again Robert. What a Great service you provided me.

M. Taggart

5.0
2016-07-08T10:43:09+00:00

M. Taggart

Robert is a great lawyer. He listens and more importantly understands your unique situation which enables him to provide the best legal assistance for your particular need. Thanks again Robert. What a Great service you provided me.

Great Character

Thank you! I appreciate everything you did for me.

J. Freeman

5.0
2016-07-08T10:45:33+00:00

J. Freeman

Thank you! I appreciate everything you did for me.

Works Hard

Great attorney. He will work hard for you.

S. Readmond

5.0
2016-07-08T10:44:13+00:00

S. Readmond

Great attorney. He will work hard for you.

Honored

We are honored to have your represent our son!

A. Conover

5.0
2015-08-04T13:39:01+00:00

A. Conover

We are honored to have your represent our son!

The Best.

A. Church

5.0
2016-07-08T10:49:14+00:00

A. Church

Gracious!

My family, friends, and I thank you for your outstanding legal service!

A. Lichtman

5.0
2016-07-08T10:47:50+00:00

A. Lichtman

My family, friends, and I thank you for your outstanding legal service!
5.0
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