Friday, February 8, 2013

Not happy with the result? Know your right to appeal

Your right to appeal is an important one to know and understand.  If you do not achieve your desired result in a court case, contact an attorney as soon as possible to discuss your specific rights to appeal.

In general, any case in general district court can be appealed to Circuit Court.  When this happens, the case is heard over again by a new judge, known as de novo review.  It is typically the same for cases coming up to Circuit Court from Juvenile and Domestic Relations Court.  Keep in mind the time limit on your right to appeal is short, typically ten days.

In the Circuit Court, you typically have a right to appeal to either the Court of Appeals of Virginia or the Supreme Court of Virginia, depending on the nature of your case.  Certain actions, such as a guilty plea on a criminal case, can result in a waiver of your right to appeal.

Be aware of your right to appeal and if you are not happy with the result of a court case, contact an attorney immediately to determine if you can appeal and how to go about that process.