What is the difference between an appeal and a motion to reconsider?

An appeal and a motion to reconsider are two different types of legal filings that may be used in a criminal case in Virginia. An appeal is a request from a party (usually the defendant) to a higher court to review a lower court’s decision. Usually, an appeal is made when the defendant disagrees with the decision of the lower court and believes that, if revisited by a higher court, the ruling will be overturned. With a motion to reconsider, the defendant is asking the same court that issued the original ruling to change or cancel its decision. On an appeal, the higher court looks at all of the evidence and arguments presented in the lower court and decides whether to uphold or overturn its decision. With a motion to reconsider, the court is not looking at any new evidence but is simply reevaluating the case based on what was presented in the original trial. In many cases, the court will deny the motion to reconsider because the trial has already been completed and there is nothing new to consider. So, to summarize, the main difference between an appeal and a motion to reconsider is that an appeal is a formal request for a higher court to review a lower court’s decision, while with a motion to reconsider, the same court is asked to reevaluate its decision.

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What is the difference between an appeal and a motion to reconsider?

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