appeals

Harmless error findings on appeal from a criminal conviction can preclude obtaining appellate relief. As a Fairfax criminal lawyer I know that trial victory is better than waiting for the long process in the Virginia Court of Appeals or commonwealth Supreme Court to see whether...

Strict deadlines apply for challenging criminal convictions. As a Fairfax criminal lawyer, my heart goes out to the numerous people calling me to seek relief for serious convictions years after the last court action was taken. The relief usually is sought to try to obtain...

Collateral estoppel law generally prevents prosecutors from relitigating facts already established at certain prior criminal court proceedings. Unfortunately, today the Virginia Supreme Court placed strict boundaries on the extent to which criminal defendants can benefit from collateral estoppel relief, which is grounded in the United...

As a Virginia criminal lawyer, I know the risks of appealing a District Court misdemeanor conviction to the Circuit Court. First, a criminal defendant's District Court sentence does not cap the maximum possible sentence that might be received if convicted on appeal. Second, if a...

As a Virginia criminal lawyer, I know the power of the option to appeal a District Court misdemeanor criminal or DUI conviction to the Circuit Court. Numerous of my appeals have turned District Court convictions into Circuit Court acquittals, case dismissals, or more favorable settlement...

Being convicted of a crime is no picnic. When a probation agent is involved, the picnic can seem to gather even more red ants. Talk about potential and actual sentencing with criminal defendants often focuses so much on the length of active jail time --...

The refrain "I will appeal" is common for unsuccessful criminal litigants. However, in Virginia, those convicted of crimes in Circuit Court generally have no automatic right to appellate review of their cases. Instead, a Virginia criminal defendant must convince the Virginia Court of Appeals or...

Unnecessary sweat and worse can be caused by waiting until the last date to meet a court's filing deadline, whether that be for filing a motion, a reply to an opponent's filing, an appeal notice, an appellate brief, or any other court document.