Can I appeal an acquittal of criminal charges?

In the state of Virginia, the answer to whether or not an acquittal of criminal charges can be appealed is no. An acquittal is a verdict of innocence made by a court and it means that the prosecution was unsuccessful in proving the defendant’s guilt beyond a reasonable doubt. An acquittal of criminal charges is a final judgement, and therefore it cannot be appealed. However, in certain cases, the prosecuting attorney can appeal the court’s decision in an effort to achieve a different outcome. This type of appeal is called a writ of certiorari and it is only applicable in cases involving constitutional criminal law. In order to be successful in filing this type of appeal, the prosecuting attorney must prove that the court’s decision violated the constitution or a fundamental principle of criminal law. In Virginia, the appeals process is highly specific, so if you have been charged with a crime and want to appeal, you will need to speak directly with a criminal defense attorney. They will be able to provide you with the best advice on the different options available to you and help you navigate the appeals process.

Related FAQs

What are the grounds for a motion for a new trial?
How do I file a motion to dismiss an appeal?
What happens at oral argument in a criminal appeal?
Are motions for summary judgment allowed in a criminal appeal?
What is the standard of review used in criminal appeals?
Are there time limits for filing a criminal appeal?
What is criminal appeal law?
What is the burden of proof in a criminal appeal?
What are the steps in the criminal appeal process?
Can I petition a court for habeas corpus relief in a criminal case?

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