How long does a criminal appeal take?

In Virginia, the length of time it takes to complete a criminal appeal can vary greatly depending on the complexity of the case. Generally, the appellate court will review the case and make a decision within a few months to a year after the appeal is filed. However, the length of the process can be extended if the court orders additional briefings or hearings, or if the appeal is sent back to the lower court for further proceedings or evidence. In addition, a lengthy appeals process can occur if the defendant and their attorney determine that appealing a conviction is the best course of action. A criminal appeal usually begins with the defendant filing a Notice of Appeal in the Circuit Court. This Notice declares that the defendant wants to contest their conviction and requests an appeal. Once the Notice is filed, the court will set a date and time for the appeal hearing. At the hearing, both sides will be given the opportunity to present their arguments. After the hearing, the court will render a decision and provide a written opinion. This opinion will explain the court’s reasoning for the decision and the legal basis for it. In summary, it can take a few months to a year for a criminal appeal in Virginia to be completed, depending on the complexity of the case. Additional delays can occur if the appeal is sent back to the lower court or if the defendant and their attorney decide to appeal the conviction.

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