Fraud Appeals in Alexandria
A fraud conviction appeal can be a confusing process. It is important to have an experienced and dedicated fraud attorney on your side when appealing a fraud conviction in Alexandria.
Whether a person is granted an appeal depends on the kind of charge the person is convicted of. Anytime a person is convicted of a misdemeanor in Virginia, they have an absolute right to appeal that decision to the circuit court and get a brand new trial. Any misdemeanor fraud conviction can result in a successful appeal.
Any misdemeanor fraud conviction can result in a successful appeal. If on the other hand, someone is convicted of a felony in circuit court, the appeals process is much less certain. An appeal can be taken to the Virginia Court of Appeals after a felony conviction. However, that only happens if the person convicted can articulate some defect in the process where their rights were violated or the judge made an error in applying the law or the rules of evidence during the trial.
Process of an Appeal
When filing an appeal on a fraud case for a new trial or to overturn a result because an error was made, the main consideration is whether there is a good chance that on appeal. In some cases, the result of an appeal may actually be not as good. It is important to think through the potential benefits and consequences to determine whether to move forward with an appeal.
The person might not want to file an appeal if it looks like there is a possibility that there could be a more damaging outcome. Even if that is not the case, if it looks like the chances of being successful are very low or the appeal process is going to be expensive, those are additional reasons someone might not want to appeal their case.
Someone who appeals a misdemeanor fraud conviction to a circuit court for a new trial has a very simple process. They notify the appeal with the clerk and get a trial date set. When someone appeals the ruling of a circuit court to an appellant court, the process involves filing an initial petition asking the court to hear the case. From there the court makes a decision whether to hear the appeal. If they decide not to hear the appeal, the case is over. If the court decides to hear the appeal, there are series of briefs to be filed by the defense as well as the government.
Role Of A Lawyer
It is true that innocent people are sometimes charged with fraud. Fraud is a serious charge and mistakes are made. On occasion, someone uses the credit card of another person because they believed they had permission to do so. The owner of the credit card may report that use to police as a crime. So, it is always important to utilize experienced counsel when a person faces these kinds of cases. However, the fact that the person is actually innocent sometimes does not count for much. Having an experienced attorney may tip the scales back in the person’s favor.
The role a lawyer plays during a fraud appeal in Alexandria depends on the nature of the appeal. If there is an appeal to the circuit court where a brand new trial is being held, the lawyer tries the case just as they did in the general district court. However, if it is an appeal to the Virginia Court of Appeals, the lawyer prepares the petition in an attempt to get the court to hear the appeal. If the appeal is granted, the attorney writes the required memoranda and briefs and argues them before the appellant court.
When someone hires an attorney for an appellate case, they should make sure the attorney has experience with this kind of appeal case. Filing an appeal to a specialized area of the law requires extensive knowledge of criminal law, procedure, and the appellate process. It is critical to choose an attorney with experience when an individual appeals their fraud conviction.