How do I file a criminal appeal?

In Virginia, the criminal appeals process starts with filing a Notice of Appeal with the Circuit Court. A Notice of Appeal must be completed and filed along with an accompanying docketing statement within 30 days of the date of the entry of the final judgment or order that is being appealed. After the Notice of Appeal has been properly filed, the applicant must then file a Record Excerpt request with the Circuit Court. This Record Excerpt request must include a copy of the judgment or order being appealed, along with any transcripts or documentary evidence associated with the criminal case. Once the Record Excerpt request has been filed, the Circuit Court will then forward the entire record of the criminal case to the Court of Appeals. Along with the record, the defendant must also submit a brief outlining the arguments and legal theories behind the appeal. This brief must be submitted within 40 days of filing the Notice of Appeal. The defendant may also submit a reply brief in response to any arguments raised by the Commonwealth in the appeal. If a defendant is unable to afford an attorney, he or she may be appointed an attorney from the Virginia Indigent Defense Commission. The Commission will provide legal representation throughout the appeals process. If a defendant believes they have been wrongfully convicted, they may be eligible for post-conviction relief. This relief may include a new trial, resentencing, or a dismissal of the charges. It is important to seek out legal counsel and carefully follow all steps in the appeals process in order to ensure that your rights are protected and your case is considered properly.

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How do I file a criminal appeal?

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