Virginia Misdemeanor Appeal from District to Circuit Court
One has a right to appeal the court’s ruling if found guilty of a Virginia misdemeanor in district court. The case is appealed to the circuit court, and heard de novo. This means that there is a new trial. It does not mean the original case result is irrelevant…
Note: even if a case is a misdemeanor and not a felony, a conviction can lead to employment problems. For example, possession of marijuana in Virginia is a misdemeanor for certain quantities, but it may not be something an employer is looking for. The same may be true for many others, including misdemeanor assault and battery.
Even if a person pays the court costs and fines associated with the underlying case (finding of guilt), they are still permitted to appeal. The prosecution should not mention the district courts ruling at a circuit court appeal. On the other hand, some statements or admissions could be used against the defendant who is appealing in circuit court. Our Virginia and local Fairfax criminal lawyer explains the intricacies of the appeal to clients depending upon their case facts.
Time is Not on Your Side
The decision to appeal must be made quickly. Once the district court case concludes, the convicted person has 10 days to file a Notice of Appeal. This puts the district court on notice. If contemplating a Virginia appeal of a misdemeanor, do not waste time and contact a lawyer quickly.
If you appeal a misdemeanor from a district court to a circuit court in Virginia, be aware that you could end up with a different punishment. The Commonwealth is not able to prosecute a person for a greater charge than the original conviction’s charge in district court.
Once the Notice of Appeal is filed (within the strict 10 day time limit), then one may file to reopen the case within 60 days . The district court may, or may not amend a judgment. If a satisfactory amendment is made, then the appeal can be withdrawn from the circuit court.
The Court of Appeals of Virginia may be the next step after an unsuccessful outcome of a misdemeanor appeal heard in circuit court.
For information and a free-consultation, contact a local Fairfax criminal lawyer, Prince William criminal lawyer, Alexandria criminal lawyer, Loudoun defense attorney, or Virginia criminal defense attorney as soon as you seek information about appealing your misdemeanor conviction in Virginia. You may also wish to ask about whether or not you may qualify to for expungement. To expunge a record means to seal it from public view.
Reach our Virginia defense attorneys office at 703.665.3719
or, use our online case evaluation form to submit a question or request an in-office consultation. We are located about two miles from the Fairfax County General District Court, at:
11325 Random Hills Rd. #360
Fairfax, VA 22030
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