What is a motion for rehearing or reconsideration?

A motion for rehearing or reconsideration is a request made to a court after a ruling or sentence has been handed down. This request asks the court to take another look at the ruling or sentence. In Virginia, if a person who has been convicted of a crime wants to challenge the conviction or sentence, they may file a writ of certiorari, an appeal, or a motion for rehearing or reconsideration. When filing a motion for rehearing or reconsideration, the person must prove that there was an error in the ruling or sentence or that the ruling or sentence was too severe. If the court accepts the motion, it will set aside the original ruling or sentence and either conduct further proceedings or enter a new ruling or sentence. In the case of a criminal appeal, the court will usually rehear the evidence and arguments of the case and then take a new vote on the matter. In Virginia, filing a motion for rehearing or reconsideration may be done either with or without the assistance of an attorney. It is important to note that even if the motion is successful, this does not guarantee that the conviction or sentence will be changed. In conclusion, a motion for rehearing or reconsideration is a legal request that can be filed in Virginia to challenge a criminal conviction or sentence. This motion allows the court to take another look at the case and possibly make a different ruling or sentence.

Related FAQs

Can a criminal appeal be reversed or remanded?
What are some common grounds for criminal appeals?
Are there procedural rules for criminal appeals?
What is the procedure for appealing a criminal sentence?
Is an attorney necessary for a criminal appeal?
What is the difference between a reversal and a remand on appeal?
What is a direct appeal?
How do I file a motion for a stay of execution in a criminal appeal?
What is the difference between an appeals court and a trial court?
Can I appeal a criminal sentence?

Related Blog Posts

Navigating the Criminal Appeal Law Process: A Guide for Clients - July 31, 2023
Understanding the Elements of a Criminal Appeal Case - August 7, 2023
What to Expect When Filing a Criminal Appeal - August 14, 2023
Strategies for Effectively Contesting a Criminal Conviction - August 21, 2023
5 Tips on How to Prepare for Criminal Appeal Hearings - August 28, 2023