What are the chances of success on a criminal appeal?

The chances of success on a criminal appeal in Virginia depends on the specifics of the case. Generally, the success rate is much lower than the rate of success on trial. In most appellate courts, the standard of review is abuse of discretion, which requires a showing that the lower court decision exceeded the bounds of reasonableness. This standard is often difficult to meet, making it harder to win an appeal. In addition, appellate courts will generally not reverse a conviction unless there was an error of law or the verdict was not supported by the evidence. This means that any errors during the trial must be substantial in order to be overturned. If the appeal is denied, the defendant has the right to ask the Virginia Supreme Court to review the decision. This option usually requires substantial legal expertise and is only successful in a small number of cases. Lastly, the appeals process can be costly and time-consuming. The appeals process is also much less predictable than the trial process, making it difficult to estimate the chances of success. Ultimately, an experienced attorney can help a defendant understand the chances of success on a criminal appeal and prepare the strongest possible argument for their case.

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