Is an appeal of right automatic?

No, an appeal of right is not automatic in Virginia. An appeal of right occurs when a defendant is found guilty in a trial court and wants to appeal the conviction to the Virginia Supreme Court or the Court of Appeals of Virginia. To begin the appeal process in this situation, the defendant has to file the proper paperwork with the trial court. The defendant must also meet the strict requirements of an appeal of right in Virginia. For example, the defendant must have filed a motion to set aside the conviction in the trial court or must be able to show why they did not file this motion. Additionally, the defendant must demonstrate that there is a substantial question of law or procedure which justifies taking the case to the appellate court. Finally, the defendant must file a notice of appeal within the time-frame set by the Virginia Supreme Court. If the defendant meets all of the requirements of an appeal of right and timely files the notice of appeal, the trial court must issue a certificate of appeal and the case will be transferred to the appellate court. If the defendant does not meet the requirements for an appeal of right or files paperwork late, an appeal of right cannot occur and the trial court’s decision is final.

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Is an appeal of right automatic?

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