Can I modify or overturn a criminal conviction on appeal?

Yes, it is possible to modify or overturn a criminal conviction on appeal in Virginia. An appeal is a request to a higher court to review the decision of a lower court. In Virginia, appeals are handled by the Virginia Court of Appeals, which is the intermediate appellate court. In order to modify or overturn a criminal conviction on appeal, the defendant must provide “good cause” for the appeal. This means that the defendant must be able to provide evidence that the verdict or sentence was made in an error or misconduct. The defendant must also provide an argument as to how this error or misconduct has caused the defendant to be wrongfully convicted or sentenced. In Virginia, appeals are filed in the same court where the conviction or sentence was handed down. The Virginia Court of Appeals has the final authority to hear and decide appeals from lower courts. If the court of appeals finds that the conviction or sentence was made in error or misconduct, it will overturn or modify the conviction or sentence accordingly. In some cases, the Virginia Supreme Court may hear appeals from the Court of Appeals. However, the Virginia Supreme Court will only hear appeals if the court believes that the appeal raises an issue of law or if an opinion from the Court of Appeals was split and there is no clear majority opinion.

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