Facing Criminal Charges in Virginia
Being charged with a crime, whether a misdemeanor or a felony, is a serious matter with potentially significant consequences, including fines, license suspension, and incarceration. Virginia’s criminal justice system involves complex procedural rules, and the choices made early in a case can have lasting effects.
You have the right to legal representation. Having an attorney who understands Virginia criminal procedure and can advocate for your interests is important at every stage of the process, from the trial court through appeal.
Matters We Handle
Valley Legal represents individuals in a range of criminal matters in Virginia, including:
- Misdemeanor charges
- Felony charges
- DUI / DWI offenses (see also our Traffic & DUI practice area)
- Drug-related offenses
- Assault and related charges
- Theft and property offenses
- Criminal appeals in the Virginia Court of Appeals and the Supreme Court of Virginia
Our Approach at the Trial Level
We take time to review the facts of each case carefully, explain the applicable law and potential consequences, and discuss available options. Our goal is to ensure you understand what you are facing and that your rights are protected throughout the process.
We appear in Virginia General District Courts and Circuit Courts on behalf of clients.
Criminal Appeals
A conviction at trial is not always the end of the road. Virginia law provides several avenues for appellate review in criminal cases. The available path, applicable standard of review, and deadlines depend on the court in which the case was tried and the nature of the charges. Appeals are distinct from trials: they focus on the legal record, not re-trying the facts, and must be pursued promptly within strict deadlines.
The Virginia Appellate Courts
Virginia Court of Appeals. Criminal matters from General District Court and Circuit Court follow different review paths. Misdemeanor cases from General District Court are typically appealed to the Circuit Court for a new trial (de novo review), not directly to the Court of Appeals. Appeals from Circuit Court, including felony convictions and misdemeanor convictions after a de novo circuit court trial, may then proceed to the Court of Appeals under the applicable rules. Appeals are typically reviewed by a panel of judges on the basis of the written record and briefs.
Supreme Court of Virginia. The Supreme Court of Virginia is the court of last resort in the Commonwealth. Most appeals to the Supreme Court are discretionary, meaning the Court may grant or deny a petition for appeal, and are generally reserved for significant legal questions or cases presenting substantial constitutional issues.
Grounds for Appeal
Criminal appeals are not automatic retrials. An appellate court reviews the record of the proceedings below for legal error, not to re-evaluate witness credibility or re-weigh evidence. Common grounds for appeal include:
- Errors of law: incorrect jury instructions, improper evidentiary rulings, or misapplication of Virginia statutes
- Constitutional violations: Fourth Amendment search and seizure issues, Fifth Amendment self-incrimination, Sixth Amendment right to counsel, and due process claims
- Sufficiency of the evidence: arguing that the evidence, viewed in the light most favorable to the Commonwealth, was insufficient to support a conviction as a matter of law
- Ineffective assistance of counsel: claims that prior counsel’s performance fell below constitutional standards and affected the outcome, typically raised through habeas corpus rather than direct appeal
- Sentencing errors: challenges to the legality of a sentence imposed
The Appeals Process
- Notice of Appeal: Must be filed promptly after sentencing; strict deadlines apply and missing them can forfeit appeal rights
- Petition for Appeal: A written argument explaining the legal grounds for appeal, supported by citations to the trial record and applicable law
- Briefing: Submission of written briefs by both parties
- Oral Argument: The Court may, but is not required to, grant oral argument
- Decision: The appellate court issues a written opinion affirming, reversing, or remanding the case
We approach each potential appeal by carefully reviewing the trial record to identify preserved issues and assess the legal merit of available grounds. We provide an honest evaluation of what the record supports, explain the appellate process clearly, and prepare written arguments grounded in Virginia law and applicable precedent.
Important Notes
Every criminal case is unique. The facts, the applicable charges, the evidence, and the circumstances of each matter affect the range of possible outcomes. We do not promise specific results.
Appeals are not guaranteed to succeed. The appellate process has a high standard; courts affirm most convictions, and the outcome in any given case depends entirely on the specific record, the issues preserved at trial, and the applicable law.
Most grounds for appeal must be preserved at trial. If an issue was not properly raised at trial, it generally cannot be raised for the first time on appeal. If you are currently in the trial phase of a case, speak with your attorney about preserving potential appellate issues.
Deadlines are critical in both trial and appellate matters. Virginia’s rules impose strict time limits. If you have been charged with a crime, or are considering an appeal, contact us promptly.
The information on this page is for general informational purposes and does not constitute legal advice. Consult an attorney about the specific facts of your situation.