What happens at oral argument in a criminal appeal?

At an oral argument in a criminal appeal in Virginia, both sides present their arguments to the court in person. The party appealing, or the appellant, speaks first. The appellant outlines why they believe the outcome of their trial should be overturned, pointing out any errors or misconduct that occurred during the trial. The appellee, or the party responding to the appeal, then presents their argument, highlighting why the trial’s outcome should be upheld. Both sides are allotted a specific amount of time in which to make their argument. The panel of judges, usually three, then has the opportunity to ask questions of each side to further understand the argument. The judges will take the questions and arguments into consideration when deciding the outcome of the appeal. At the conclusion of the oral arguments, the court will decide to uphold or reverse the outcome of the previous trial. If the court decides to reverse the outcome, the next step is to determine a new outcome. If the court decides to uphold the prior outcome, the appeal is rejected and the case is concluded. Oral arguments are the final step in the appeals process and they can be a difficult one, as it is up to the appellant to successfully persuade the court to reverse the outcome of their trial.

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What happens at oral argument in a criminal appeal?

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