Appeals & Post-Conviction Relief

An appeal is a request to a higher court to review and reverse a conviction or sentence based on legal errors that occurred at trial. You typically have 30 days from sentencing to file a notice of appeal in Virginia. Post-conviction relief is a separate petition (such as a habeas corpus petition) that challenges a conviction based on grounds that were not—or could not—be raised at trial, such as ineffective assistance of counsel or newly discovered evidence. Post-conviction petitions have different filing deadlines and procedures.

The appellate timeline varies significantly depending on the complexity of the case and the appellate court's docket. Typically, an appeal to the Virginia Court of Appeals takes 12-18 months from filing to decision. Appeals to the Virginia Supreme Court can take longer. Throughout this time, we keep you informed of key deadlines and developments. While the appeal is pending, you remain incarcerated or subject to any sentence imposed, unless we obtain a stay or bond pending appeal.

Success depends on the specific legal errors in your case, the strength of the evidence, and the law applicable to your situation. During our initial consultation, we provide a candid assessment of your appellate prospects based on our review of the trial record. Some cases have strong grounds for reversal; others may be more challenging but still worth pursuing. We will explain the realistic scenarios you may face so you can make an informed decision about proceeding with an appeal.

Yes, but your appellate options are more limited. After a guilty plea, you can still appeal on issues that do not require challenging the guilty plea itself—such as sentencing errors or constitutional violations that occurred before or after the plea. You can also pursue post-conviction relief if you can show your attorney provided ineffective assistance during plea negotiations or at sentencing. We evaluate whether your guilty plea was knowing and voluntary, and whether there are grounds to challenge the sentence or raise post-conviction issues.

If the Court of Appeals affirms your conviction, you may have the option to petition the Virginia Supreme Court for review. However, the Supreme Court accepts only a small percentage of petitions. We evaluate whether further appellate review is viable and discuss your options, including potential post-conviction remedies that were not previously explored. In some cases, we may also pursue federal habeas corpus relief through the federal courts if constitutional issues are involved.