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Appeals

Appeals

When you go to trial and don’t reach your desired result, you may have grounds for appeal.

Appeals from General District or Juvenile and Domestic Relations District Court: any case in these courts can be appealed to the Circuit Court within ten days. The appeal must be noted within ten days, and this is a strict deadline. The case is tried “de novo,” which means the entire case starts over and a Circuit Court Judge makes a new decision. In some cases, you may also have the choice of a jury trial. Appeals From Circuit Court: If you are unhappy with the result of your trial in Circuit Court, you may be able to appeal to either the Court of Appeals or the Supreme Court of Virginia. This appeal must be noted within thirty days of your case being finalized. In this type of appeal, the Court only looks for mistakes made by the Circuit Court. These appeals have multiple stages, are time intensive, and the requirements are strict. An inexperienced attorney can make a mistake that gets your case dismissed. You can only challenge issues that were “preserved” which requires certain things to have happened at trial. Having an experienced appeals attorney handle your trial may assist in making sure that the appeal is protected. If you are considering appealing a decision, contact us today to make sure all of your rights are protected and deadlines are met.
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