The Virginia criminal justice system is a complex institution that often leaves criminal defendants confused about their rights and remedies. In most Virginia criminal cases, a defendant can appeal a conviction after a court or jury finds them guilty. The United States Constitution and state laws govern what cases and issues a defendant may appeal. Many defendants unknowingly forfeit their rights to appeal because of the fundamental disparity in power during these proceedings. Appeals can take a significant amount of time, and it is essential that criminal defendants seek assistance to ensure that they present all relevant appeals to the court.
In some cases, a criminal defendant may appeal several issues based on various procedural or statutory errors. For instance, recently, a Virginia defendant appealed his conviction based on eight issues. The defendant appealed his drug possession with intent to distribute conviction and his revocation of a suspended sentence. His crux of the appeal was based on an alleged violation of his Fourth Amendment rights and his assertion that the Commonwealth made erroneous additions to his transcript.
In cases where a Virginia appellant contests their conviction, the court should address each assignment of error. Here, the appeals court addressed each issue in their opinion and ultimately affirmed the conviction. In some instances, a court may deny an otherwise meritorious appeal because of a procedural issue. These situations illustrate the importance of retaining a criminal defense attorney who has a comprehensive understanding of Virginia criminal procedure.