What are the steps in the criminal appeal process?

In Virginia, the criminal appeal process is a fairly straightforward procedure. It begins when the defendant files an appeal with the Virginia Supreme Court. The defendant must provide the clerk of the court with the necessary court documents, such as the trial court’s record, transcripts of all proceedings, and the defendant’s argument for why the lower court’s decision should be overturned. Once the appeal is filed, the Virginia Supreme Court will review the documents and decide whether or not to accept the defendant’s appeal. If the defendant’s appeal is accepted, both the state and the defendant will present arguments before the court. The defendant’s attorney will present the trial court’s record, any other relevant evidence, and the defendant’s argument to the court. The state will then respond. After both sides have presented their arguments, the Virginia Supreme Court will issue its opinion. The court may rule in favor of the defendant or uphold the lower court’s decision. If the Virginia Supreme Court rules in favor of the defendant, the defendant will be granted the relief they requested. If the court upholds the lower court’s decision, the defendant must accept the ruling and their conviction.

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