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.
Related FAQs
Is a post-conviction relief hearing necessary in a criminal case?What is the automatic appeal provision in a criminal case?
Are there rules of appellate procedure for federal criminal appeals?
Are transcripts of testimony necessary for a criminal appeal?
Are appellate court opinions binding?
Can I modify or overturn a criminal conviction on appeal?
What are the requirements for filing a criminal appeal?
Are motions allowed in a criminal appeal?
Are there rules of evidence during a criminal appeal?
What is a motion for modification of sentence on appeal?
Related Blog Posts
Navigating the Criminal Appeal Law Process: A Guide for Clients - July 31, 2023Understanding 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