At Zinicola, Blanch & Overand, every attorney in our office has appellate experience. In some cases, we have been successful in having our client’s conviction removed. Your appeal will be personally supervised by our most experienced appellate attorney so that you can be sure your case is being given the attention and expertise that it requires.
If you believe that you have been wrongfully convicted of a crime in Virginia courts, you may wish to appeal your case. Virginia has two levels of appeals courts: the Court of Appeals of Virginia and the Supreme Court of Virginia. In criminal cases, the Court of Appeals is the first court to review your case. If the Court of Appeals refuses to hear your case or upholds your conviction, then you may appeal to the Supreme Court of Virginia. Your conviction may be removed if Virginia’s courts of appeal determine that:
- The evidence was insufficient to convict you;
- That you were actually innocent of the charge; or
- That your trial was unfair because of mistakes made by the judge.
Appealing your conviction is a complex process that requires an attorney with experience. Even if your case is a winner, you can lose your appeal if you do not act within the very short time limits provided for appeals in Virginia. In virtually every case, you must appeal within 30 days of being sentenced. Legal briefs must be prepared at each stage of the appeal, and strict rules about how the briefs are written can cause a winning appeal to be thrown out without a court ever considering whether you have been wrongfully convicted. Don’t gamble on your appeal – hire experienced counsel.