The judicial system has a series of checks and balances in the form of the appellate courts. Upon request by a convicted defendant, an appellate court may review the decisions made by the trial court or lower appellate courts. This important process helps an individual who is facing unreasonable or unwarranted penalties to achieve a just outcome in the criminal justice system.
Jeremiah A. Denton III, P.C. was established in 1980 to provide hard-hitting, effective legal representation to all people. If you have been unfairly convicted or sentenced in the Virginia courts, our appellate law attorneys fight for justice for you.
An appeal is not a new trial, but rather a review by a higher court of an erroneous trial court decision. The appellate court does not consider additional evidence or hear more testimony. The judges make their decisions based on the arguments presented in our brief and the transcript of the trial at issue. In some cases, a decision is made solely on our written brief, but in others, we are asked to make an oral argument.
Just because you do not like the outcome in your case, it does not necessarily mean you will prevail at the appellate level. Only if the appellate court determines that the judge made an error that was prejudicial to you will it rule to overturn, reverse or modify the decision or remand the case back to the lower court with further instructions.
The law applies a strict statute of limitations for filing an appeal. If you miss the deadline, you forfeit your opportunity to have the case considered by the appellate court and the trial court’s decision becomes final. To protect your rights, allow our Virginia litigation attorneys to review your case and determine if you have appealable issues and if it is in your best interest to pursue this legal remedy.
Our team files appeals of felony and misdemeanor convictions. We construct appellate briefs with clear, compelling legal arguments for why your conviction should be reversed, modified, remanded or overturned.
To file an appeal of an erroneous decision, call Jeremiah A. Denton III, P.C. at 757-215-4818 or contact us online to schedule an appointment.